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.
Massachusetts Standard Force Majeure Clause
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Multi-State
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US-OL1102A2A
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How to fill out Standard Force Majeure Clause?
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FAQ
658, 661, 338 N.E.2d 841(1975), ?a party may escape liability for damage resulting from such a force only when the force is of such magnitude that the damage cannot be reasonably anticipated, or when reasonable preventive measures are insufficient to avoid the damage.? In that case, flooding that surpassed levels from ...
If no force majeure clause exists, then the doctrine of frustration may apply where unforeseen events happen and it is important for all businesses to understand how the concept works and when it is appropriate to use it.
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.
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.
Under Massachusetts law, a force majeure clause in a contract will be construed in ance with typical rules of contract construction. There are few cases in Massachusetts that have considered force majeure clauses, but the few that do exist have construed the clauses narrowly. For example, in Baetjer v.
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.
Force Majeure provisions also typically list events or circumstances in which the provision shall apply which can be either general or specific. For instance, FIDIC contracts list war, terrorism, rebellion, riots, strikes and natural catastrophes as Force Majeure events.
