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.
Puerto Rico Force Mature and Restricted Performance: A Comprehensive Overview Introduction: In the realm of legal contracts and agreements, it is essential to have a clear understanding of certain clauses that address unforeseen circumstances and potential disruptions to performance. In Puerto Rico, two important concepts that are commonly found in contracts are Force Mature and Restricted Performance. This article aims to provide a detailed description of what these terms entail, their significance, and any variations that may exist within Puerto Rico law. 1. Puerto Rico Force Mature: Force Mature is a contractual provision that excuses a party from fulfilling its obligations when unforeseen events or circumstances beyond reasonable control occur, making performance impossible, impracticable, or commercially unreasonable. In Puerto Rico, Force Mature clauses are designed to address scenarios such as natural disasters, acts of God, epidemics, civil unrest, acts of terrorism, government orders, and other similar events that could significantly impact contractual performance. Types of Puerto Rico Force Mature Clauses: a) Narrow Force Mature Clause: This type of clause may specify a limited range of events that constitute Force Mature, explicitly listing particular circumstances that would trigger its application. Parties should ensure that this list is comprehensive enough to cover potential events they may want to include. Otherwise, non-listed events may not be recognized as Force Mature events. b) Broad Force Mature Clause: In contrast to the narrow clause, a broad Force Mature provision encompasses a more extensive range of events by using inclusive language like "including but not limited to" or "any event beyond the control of the parties." This provides greater flexibility for invoking the clause during unforeseen situations. c) Impossibility of Performance Doctrine: Although not explicitly identified as a separate clause, the doctrine of impossibility of performance is often associated with Force Mature. Under this doctrine, performance may be excused if the contractual obligation becomes objectively impossible to fulfill due to an unforeseen event. Courts in Puerto Rico may examine whether the impossibility arises from the event itself or from the inability to perform due to external factors caused by the event. 2. Puerto Rico Restricted Performance: Restricted Performance is a concept that arises when the performance of a contract becomes partially or temporarily impossible due to a Force Mature event. In Puerto Rico, restricted performance allows the affected party to either suspend its performance until the event is resolved or perform its obligations to the extent possible in light of the circumstances. Types of Puerto Rico Restricted Performance: a) Suspended Performance: If a Force Mature event occurs, the affected party may be entitled to suspend its performance until the event ends or the circumstances normalize. During the suspension period, the party is temporarily relieved from fulfilling its obligations. b) Performance to the Extent Possible: When a Force Mature event occurs, and performance becomes partially impeded, the affected party may be obliged to fulfill its contractual obligations to the extent possible under the prevailing circumstances. This may involve modified or alternative methods of performance, as long as they are reasonable. Conclusion: Understanding the intricacies of Puerto Rico Force Mature and Restricted Performance clauses is crucial for parties entering into contracts governed by Puerto Rico law. Whether it be facing natural disasters, significant public emergencies, or other unexpected events, these provisions can protect parties from liability or damages resulting from non-performance or delayed performance of contractual obligations. By including meticulously drafted Force Mature and Restricted Performance clauses, parties can ensure that their contracts are resilient and responsive to unforeseen events that may occur in Puerto Rico.
