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.
North Dakota Standard Force Majeure Clause
Category:
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Multi-State
Control #:
US-OL1102A2A
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Word;
PDF
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How to fill out Standard Force Majeure Clause?
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FAQ
As regards the question of what constitutes force majeure, the ICC Force Majeure Clause intends to achieve a compromise between the general requirements of force majeure, which need to be met in all cases and the indication of events presumed to be beyond the control of the parties and not foreseeable at the time of ...
In North Dakota, the party relying on a force majeure clause to excuse performance bears the burden of proving that the event was beyond its control and without its fault or negligence.
Force majeure clauses allow for the termination of the contract or postponement of a party's obligations or covenants where events occur that: (a) were outside the control of the parties, and (b) makes complying with the contract impossible.
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.
It provides that if a force majeure event occurs, one or both parties are excused from performing under the contract. The non-performing party will not be liable to the other party, or deemed to have defaulted under or breached the contract, if it cannot perform because of a force majeure event.
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.
The new BIMCO Force Majeure Clause 2022 provides a comprehensive ?code? for the parties to help resolve situations arising from unexpected events impacting the performance of the contracts. It is a ?model? clause designed for use with all types of agreements.
