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 Majeure and Restricted Performance
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US-OL1102A2C
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FAQ
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 ...
Events that could potentially trigger a force majeure clause include war, terrorist attacks, and a pandemic, or natural disasters that fall under the ?act of God? category, such as a flood, earthquake, or hurricane.
What is the theory of hardship? Hardship or unforeseeable change of circumstances is defined as a general change in the balance of the performance of the contract due to extraordinary change of circumstances beyond the control of the parties.
The clause aims to provide relief to a party to a contract when an unexpected event occurs that is beyond the party's control, leaving them unable to perform their contractual obligation(s) 5 6. The force majeure clause is sometimes referred to as an ?Act of God? clause or an ?excusable delay? clause 2 3 5.
?Hardship? is a subjective and flexible term. There's no set legal definition for hardship in every circumstance. However, most courts recognize a hardship as having one or all of the following factors: A long-term negative financial impact on a party. Deprivation, suffering, or adversity for one or more parties.
Hardship case means a person who will suffer significant hardship because of valid financial, medical, or other good and sound reasons.
Force majeure applies to cases where performance has become (temporarily) impossible due to an event beyond one party's control although all reasonable precautionary measures had been taken. Hardship deals with cases where the agreed performance is basically still possible.
Common Uses Of Hardship Clauses A common example of a change in circumstances is an increase in one party's costs. To meet the conditions of the clause, the increase in cost must be significant enough to impair that party's ability to perform an action required by the contract.
