This office lease form states that if performance by either party of any service or obligation under this agreement is prevented or delayed due to certain severe, circumstances, that party shall be excused from the performance to the extent of the prevention, restriction, delay or interference and the other party shall be responsible for performing all of its obligations.
Kansas Force Mature and Restricted Performance refer to legal concepts that can excuse or alter the performance of contractual obligations due to unforeseen circumstances or events that are beyond the control of the parties involved. These concepts are typically included in contracts to provide protection and flexibility in situations where performance becomes impossible or impracticable due to extraordinary circumstances. Force Mature, also known as an "Act of God," is a provision in a contract that allows a party to be excused from its contractual obligations when an unforeseen event or circumstance occurs, making performance impossible or impracticable. In Kansas, Force Mature events can include natural disasters, such as earthquakes, floods, or hurricanes, as well as government actions, wars, or acts of terrorism. The occurrence of a Force Mature event relieves the party from liability for any failure or delay in performance as long as fulfilling the contractual obligations becomes impossible due to the event. Restricted Performance, on the other hand, refers to a situation where a party's ability to perform under a contract is limited or hindered due to external factors that are not considered Force Mature events. In Kansas, Restricted Performance may arise when factors such as labor strikes, supplier issues, transportation disruptions, or economic instability hinder a party's ability to meet its contractual obligations fully. Unlike Force Mature, Restricted Performance does not excuse the party entirely, but rather provides an opportunity for negotiation or adjustment of the performance terms. In Kansas, various types of events can be considered as Force Mature or Restricted Performance, including but not limited to: 1. Natural Disasters: This includes events like tornadoes, floods, fires, droughts, or severe storms that physically impact the ability to perform contractual obligations. 2. Government Actions: Any governmental action, such as an embargo, trade restrictions, or regulatory changes, that prevents or hinders performance. 3. War or Terrorism: Events that include acts of war, hostilities, or terrorist attacks that disrupt normal business operations. 4. Labor Disruptions: Strikes, lockouts, or other labor-related issues that prevent or hinder the timely delivery of goods or services. 5. Supplier Issues: Unforeseen problems with suppliers, including bankruptcy, insolvency, or failure to deliver essential materials or components. 6. Transportation Disruptions: Delays or disruptions in transportation networks due to infrastructure failures, port closures, or widespread disruptions in shipping or distribution. It is crucial for parties to understand and carefully draft Force Mature and Restricted Performance clauses in their contracts to ensure clarity and protection in case of unforeseen events. Consulting with legal professionals familiar with Kansas laws and specific industries can provide valuable guidance when including or negotiating these clauses to protect their contractual interests.
