This office lease form states the tenants obligations to pay rent and perform all the covenants and agreements of the lease even when the landlord is unable to perform obligations under the lease as a result of any natural causalities.
Colorado Standard Force Majeure Clause
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Multi-State
Control #:
US-OL1102A2A
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Word;
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How to fill out Standard Force Majeure Clause?
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FAQ
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.
One of the key aspects of negotiating force majeure clauses is to define the terms and conditions that will trigger and govern the application of the clause. You should be clear and specific about what constitutes a force majeure event, and avoid vague or broad terms that may create ambiguity or disputes.
Generally speaking, an act of God includes acts of nature only. Force majeure, meanwhile, includes both acts of nature and extraordinary circumstances due to human intervention. Examples of force majeure include an outbreak of a contagious disease, government lockdowns, or war.
The concept of force majeure is derived from civil law and is not fully recognised under English common law, therefore it should always be fully defined.
performing party may use a force majeure clause as excuse for nonperformance for circumstances beyond the party's control and not due to any fault or negligence by the nonperforming party. However, mere impracticality or unanticipated difficulty is not enough to excuse performance.
Force Majeure In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil ...
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
If no force majeure clause exists, then the doctrine of frustration may apply where unforeseen events happen and it is important for all businesses to understand how the concept works and when it is appropriate to use it.
