Puerto Rico Complex Services Clauses Onerous Approach

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Multi-State
Control #:
US-OL16013B
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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

An example of an onerous contract might be an agreement to rent a property that is no longer needed or that can no longer be made use of profitably.

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 clauses It is a well-established legal principle that any ?onerous or unusual? conditions in a contract (including terms and conditions) will not be incorporated unless they have been brought to the counterparty's attention. Lawyers often refer to a ?sliding scale? of how much notice needs be given.

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.

IAS 37 defines an onerous contract as 'a contract in which the unavoidable costs of meeting the obligations under the contract exceed the economic benefits expected to be received under it'.

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 clauses It is a well-established legal principle that any ?onerous or unusual? conditions in a contract (including terms and conditions) will not be incorporated unless they have been brought to the counterparty's attention. Lawyers often refer to a ?sliding scale? of how much notice needs be given.

Per IAS 37, onerous contracts should be classified as ?provisions.? So, if you've identified a specific contract as onerous, you're required to recognize the current obligation as a liability and list it on your company's balance sheet. This action should be taken at the first indication that a loss may be anticipated.

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Puerto Rico Complex Services Clauses Onerous Approach