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.
District of Columbia Standard Force Majeure Clause
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Multi-State
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US-OL1102A2A
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FAQ
There are generally three essential elements to force majeure: ? tt can occur with or without human intervention ? it cannot have reasonably been foreseen by the parties ? It was completely beyond the parties' control and they could not have prevented its consequences.
Force majeure is a French term that literally means ?greater force.? It is related to the concept of an act of God, an event for which no party can be held accountable, such as a hurricane or a tornado. However, force majeure also encompasses human actions, such as armed conflict.
Force majeure is used to describe any event that is unexpected by parties to a contract, not caused by any party, and affects the relationship between them. Its use can limit the ability of either party's duty to perform or require a party to intrude on a privilege of the other.
What are the three elements of force majeure? In general, for an event to trigger a force majeure clause, it must be unforeseeable, external to the parties of the contract, and serious enough that it renders it impossible for the party to perform its contractual obligations.
It provides that if a force majeure event occurs, one or both parties are excused from performing under the contract. The non-performing party will not be liable to the other party, or deemed to have defaulted under or breached the contract, if it cannot perform because of a force majeure event.
Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).
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.
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.
