District of Columbia Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
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Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

Adhesion contracts are enforceable?when they are done correctly. Due to the unequal bargaining power associated with a form contract, the agreement must meet certain criteria to remain enforceable. Courts will scrutinize adhesion contracts closely to determine if they are unconscionable or unfair.

????? An unenforceable contract is an otherwise valid contract rendered unenforceable by some statute or law (e.g., an oral contract that, due to the passage of time, must be in writing to be enforceable).

Courts may look at the doctrine of reasonable expectations to determine whether to strike down an adhesion contract. Under this doctrine, a party is not bound by a term in an adhesion contract that the party who wrote the contract had reason to believe they would not have agreed to if they had the chance to bargain.

With contracts of adhesion, no opportunity is ever presented to negotiate the terms or modify the language of the agreement. It's purely a ?take it or leave it? proposition.

An adhesion contract, also known as a standard form contract or boilerplate contract, is a legally binding agreement between two parties, where one party has significantly more bargaining power than the other.

Unconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it shocks the conscience. The adjective is frequently used in the context of contract law for contracts that have grossly oppressive and unfair terms. When a court finds a contract unconscionable, it is unenforceable.

When notice to quit not necessary. When real estate is leased for a certain term no notice to quit shall be necessary, but the landlord shall be entitled to the possession, without such notice, immediately upon the expiration of the term.

(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any ...

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District of Columbia Entire Agreement and No Waiver