New York Clause Addressing Obligations to Comply with Laws Orders and Regulations Reasonable Approach

State:
Multi-State
Control #:
US-OL13032A
Format:
Word; 
PDF
Instant download

Description

This office lease clause describes the reasonable approach in addressing the obligations under which the tenant and the landlord must comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers, pursuant to law, and all rules, orders, regulations or requirements.

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FAQ

New York follows the traditional conflict-of-law rule that forum law governs procedural issues, unless there is a statutory or common-law exception to the rule.

Section 5-1401 of the GOL provides that a choice of law provision in an agreement designating New York law to govern the parties' rights and duties is valid, even if the agreement has no reasonable relation to the State, provided that the transaction is valued at a minimum of $250,000.00.

A choice of New York as the law governing a contract does not require litigation or arbitration of any resulting dispute in the courts of New York. New York courts enforce the choice of commercial parties to resolve disputes through arbitration seated in New York or elsewhere.

A "choice of law" or "governing law" provision in a contract allows the parties to agree that a particular state's laws will be used to interpret the agreement, even if they live in (or the agreement is signed in) a different state.

Choice-of-law rules are used to determine the rights, duties, and liabilities of persons involved in a case with a connection to more than one jurisdiction. In the United States, most choice-of-law rules are state law; the federal government rarely legislates in this area.

This Standard Clause stipulates that the parties to the underlying agreement will comply with all applicable federal, state and local laws, and regulations. This Standard Clause has integrated notes with important explanations and drafting tips.

Choice of law clause, also known as a governing law clause, that allows the contract parties to choose the substantive law of New York to apply to the contract.

In general, a jurisdiction clause should state whether it is exclusive or permissive in nature, and specify what claims are subject to its reach. New York courts will apply the governing law designated in the contract to interpret the nature and scope of the jurisdiction clause.

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New York Clause Addressing Obligations to Comply with Laws Orders and Regulations Reasonable Approach