New York Clause Dealing with Limitations on Use

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Multi-State
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US-OL8015
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This office lease form is a clause found in old buildings in the Wall Street area of Manhattan dealing with limitations on use stating that the tenant shall use and occupy the premises for the permitted uses, and for no other purpose.

The New York Clause Dealing with Limitations on Use is a crucial provision typically found in contracts and agreements. This clause specifically addresses the permitted uses and restrictions on the usage of a particular property or asset, primarily focusing on real estate assets. It ensures that parties involved in the agreement comply with the specified limitations on use, promoting legal and ethical practices. There are several types of New York Clauses Dealing with Limitations on Use that can be incorporated into contracts and agreements: 1. Zoning Restrictions: This type of clause outlines the specific zoning regulations applicable to the property. It ensures that the property is used only in accordance with the designated zoning classification, which could include residential, commercial, industrial, or mixed-use zoning. 2. Non-Competition Clause: This clause restricts the use of the property for a specific period, preventing the party from engaging in similar business activities within a certain geographic area. It is commonly used in commercial lease agreements to protect the landlord's interests and prevent competition from arising within their property or nearby. 3. Environmental Limitations: This clause imposes restrictions on the use of the property to comply with environmental regulations. It may specify requirements regarding waste disposal, pollution control, or adherence to environmental permits to ensure the property is used in an environmentally responsible manner. 4. Historic Preservation Clauses: These clauses are particularly essential for properties with historical significance or located within designated historic districts. They dictate that the property's use should align with preservation guidelines and restrictions to maintain its historical integrity. 5. Use Restriction Clauses: This type of clause defines the specific purpose or use for which the property is intended. For instance, a commercial lease agreement may limit the use of the premises to retail activities only, preventing the tenant from using the space for industrial or residential purposes. 6. Leasehold Covenants: These clauses typically concern tenant responsibilities and restrictions. They define the tenant's obligations, such as maintaining the property's condition, adhering to noise regulations, or obtaining necessary permits for certain activities. These covenants ensure the tenant's use of the leased premises aligns with the overall agreement and any applicable laws or regulations. Overall, the New York Clause Dealing with Limitations on Use serves to provide clarity, protect property rights, and ensure compliance with all relevant legal requirements. It is essential to include specific and detailed provisions according to the nature of the property and the intentions of the parties involved.

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FAQ

The short of it is that limitations of liability are generally upheld and enforceable by the courts.

Definition of Limitation of Liability In contrast to an exclusion of liability clause, a limitation of liability clause only limits your liability for certain breaches and may explicitly state a dollar amount that the liability is limited to.

A limitation clause is a constitutional provision which enables constitutionally protected rights to be partially limited, to a specified extent and for certain democratically justifiable purposes.

A limitation of liability clause (sometimes referred to simply as a liability clause) is the section in a contracted agreement that specifies the damages that one party will be obligated to provide to the other under terms and conditions stipulated in the contract.

A limitation of liability provision will limit whether someone can sue you for breaching your contract. If a court finds that it can be enforced, a limitation of liability clause can limit the amount of damages (i.e. compensation) you will be required to pay.

New York courts generally enforce limitation of liability provisions since such provisions represent ?the parties' Agreement on the allocation of the risk of economic loss in the event that the contemplated transaction is not fully executed.?4 However, even when parties limit liability but do not specifically exclude ...

A limitation clause is a constitutional provision which enables constitutionally protected rights to be partially limited, to a specified extent and for certain democratically justifiable purposes.

Limitation of liability means a contractual provision to reduce or exclude the types and amounts of liabilities one party may recover from another party relating to default or non-performance in connection with a contract.

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Mar 3, 2022 — While limitation on liability clauses usually are enforceable under New York law, there are exceptions regardless of what the contract says. 24. Procurement Lobbying, 7. 25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain State Contractors, Affiliates and ...251 (N.Y. Sup. Ct. 1938); Walker v. Skipwith, 19 Tenn. (Meigs) 502 (Tenn. 1938). 5. Merten v ... A lawsuit against the State of New York may only be filed in the Court of Claims. First, however, you must file a Notice of Claim with the State (see Court ... You must use the Notice of Proposed Rule Making form to initiate a rule making, and include the text of the rule, an RIS, RFA, RAFA and JIS (consensus rules ... Jun 30, 2021 — ... limitations was less than New York's six-year statute of limitations. Thus, if you want to choose New York substantive law and its ... Sep 18, 2017 — As a result, substantive rights available under New York law with a six-year statute of limitations may be subject to a three-year statute of ... advantage in dealing with the client, and the restrictions in paragraph (a) ... However, like the former New York rule, paragraph (e) limits permitted financial ... 5. Whenever a provision of any local law, ordinance, resolution or regulation is more restrictive in a requirement for height, area or use, such local ... code of the city of New York. 4. Notwithstanding any other provision of law ... limitations shall not apply where the incompetency or misconduct complained ...

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New York Clause Dealing with Limitations on Use