New Mexico Complex Services Clauses Onerous Approach

State:
Multi-State
Control #:
US-OL16013B
Format:
Word; 
PDF
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Description

This office lease form lists the services provided by the landlord. This form states the days and times that the services are available to the tenant as long as the tenant is not in default under any of the terms, covenants or conditions of the lease.

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FAQ

The following are examples of clauses that the Courts have held to be onerous: A clause that requires a purchaser of defective goods to return them at its own expense; and. The imposition of excessive transfer and cancellation fees for customers seeking to switch contracts with mobile network suppliers.

These requirements specify that a contract is 'onerous' when the unavoidable costs of meeting the contractual obligations ? i.e. the lower of the costs of fulfilling the contract and the costs of terminating it ? outweigh the economic benefits.

Onerous Condition means for these purposes, an action that requires a difficult or significant expenditure, in comparison to the size, resources and school budget; or changes in the structure of the institution not allowed by law or construction policies, in particular, those applicable to buildings of a historical ...

Onerous contract A contract in which the unavoidable costs of meeting the obligations under the contract exceed the economic benefits expected to be received under it.

A typical example of an onerous contract would be a lease on a property that is no longer necessary but cannot be sublet. This situation could occur if the company were forced to downsize while the lease was still in effect, meaning that the office space is vacant.

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New Mexico Complex Services Clauses Onerous Approach