This office lease form states the tenants obligations to pay rent and perform all the covenants and agreements of the lease even when the landlord is unable to perform obligations under the lease as a result of any natural causalities.
South Carolina Standard Force Majeure Clause
Category:
State:
Multi-State
Control #:
US-OL1102A2A
Format:
Word;
PDF
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Description
How to fill out Standard Force Majeure Clause?
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FAQ
Courts often decide if a person did something in good faith by thinking about how other people would have behaved in corresponding situations, therefore applying the reasonableness standard.
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
?Good faith? has generally been defined as honesty in a person's conduct during the agreement. The obligation to perform in good faith exists even in contracts that expressly allow either party to terminate the contract for any reason. ?Fair dealing? usually requires more than just honesty.
Examples of a breach of contract include the following: A party communicates his or her intent to not comply with the contract. A party refuses to perform his or her obligations under the contract. A party violates a material term of the contract.
Under common law, good faith requires parties to an agreement to exercise their powers reasonably and not arbitrarily or for some irrelevant purpose. Certain conduct may lack good faith if one party acts dishonestly or fails to have regard to the legitimate interests of the other party.
South Carolina Code § 38-59-20 identifies a list of acts by an insurance company that constitute improper claim practices. Examples of bad faith may include: Knowingly misrepresenting facts or coverage. Not acknowledging communication promptly.
Obligation of good faith. Every contract or duty within this code imposes an obligation of good faith in its negotiation, performance or enforcement. "Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.
If no force majeure clause exists, then the doctrine of frustration may apply where unforeseen events happen and it is important for all businesses to understand how the concept works and when it is appropriate to use it.
