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.
Maryland Force Majeure and Restricted Performance
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Multi-State
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US-OL1102A2C
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FAQ
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.
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 ...
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.
?Force majeure? means any unforeseeable circumstance which is beyond the control of a Party, or any unavoidable event, even if foreseeable, as a result of which such Party is unable to perform its obligations, in whole or in part, under this Agreement.
?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.
Material Adverse Change Clauses MAC clauses are not as common as force majeure clauses in commercial contracts, and the key difference is that a MAC clause may allow for an immediate right to terminate, rather than delay performance under a force majeure clause.
If you have a family crisis, you have a right to limited time off work. This is called force majeure leave. You may need to take force majeure leave for an urgent family reason, such as the unexpected injury or illness of a 'close family member'.
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.
