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.
Queens New York Standard Force Majeure Clause
Category:
State:
Multi-State
County:
Queens
Control #:
US-OL1102A2A
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Word;
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Description
How to fill out Standard Force Majeure Clause?
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FAQ
Force majeure generally functions as a noun, though it also works as a phrasal adjective preceding a noun (e.g., force majeure events). Although force majeure has been in English for a long time, it's still relatively unknown outside the field of law, so it can go either italicized or unitalicized.
For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical.
A force majeure clause allocates the risk of loss if performance is hindered, delayed, or prevented because of an event that the parties could not have anticipated or controlled. It provides a contractual defense, the scope and effect of which will depend on the express terms of a particular contract.
As discussed previously here, force majeure clauses may address parties' obligations under such circumstances. Even without force majeure clauses, depending on the circumstances parties may seek to invalidate contracts or delay performance under the common law based on COVID-19.
For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical.
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. 04/26/2019 (Cheetah Mobile Inc.)
An example of an operative clause is: " . 1 Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure.
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as Force Majeure), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic,
A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force
