Kansas Standard Force Majeure Clause

State:
Multi-State
Control #:
US-OL1102A2A
Format:
Word; 
PDF
Instant download

Description

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.

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FAQ

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.

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.

A force majeure clause is a contractual provision that relieves one or both of the parties of their performance obligations if circumstances beyond their control arise. Most often in residential real estate transactions, this clause is invoked to delay ? not cancel ? the closing process.

Force Majeure Clause A party is not liable for a failure to perform if he can prove that: (1) the failure was due to an impedement beyond his control; (2) he could not have reasonably foreseen the impediment at the time of contract formation; and (3) he could not have reasonably avoided or overcome its effects.

The New Normal As extreme weather events occur with increasing frequency, traditional force majeure concepts are causing parties to reconsider what is foreseeable. Determining the foreseeability of an event is a fact-driven analysis that often involves consulting outside sources.

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.

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.

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Kansas Standard Force Majeure Clause