Could a dentist who lost her dentistry practice get out of here commercial lease agreement for the rental of a dentistry office if her force majeure provision in her agreement didn't mention pandemic? Your help would be greatly appreciated. “17.14 Force Majeure. In the event Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder other than the payment of money BY REASON OF strikes, lockouts, labor disputes, inability to procure materials, failure of power, unavailability of any utility service, restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of another party, war, or other reason beyond such party's control, then performance of such act shall be excused for the period of the delay, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay.”
I was bound by a contract as a supplier for a year. while mco service is stopped. plus also the place I need to supply closed. after mco, everything is back to normal. however, this business will not make a profit because the overall value of the contract is less. I want to end the contract early. they want me to finish the contract which is not possible for me because it will only make debt to the company. can or how can I use force majuere in the contract?
Hi. If the Force Majeure clause stated as following: “ SHOULD THE LANDLORD BE DELAYED OR PREVENTED FROM PERFORMING, IN WHOLE OR IN PART, ITS OBLIGATIONS UNDER THIS AGREEMENT BY REASONS OF OR AS RESULT OF ANY EVENT OF FORCE MAJEURE, IT SHALL BE EXCUSED FROM PERFORMING THOSE OBLIGATIONS, WHILST IT IS SO DELAYED OR PREVENTED, AND ACCORDINGLY THE TIME OR PERIOD OF TIME (AS THE CASE MAY BE) PROVIDED IN THIS AGREEMENT FOR ITS PERFORMANCE OF THOSE OBLIGATIONS SO AFFECTED SHALL BE EXTENDED BY A PERIOD DURING WHICH SUCH FORCE MAJEURE EVENT SUBSISTS”. Is this clause referring the landlord only? as no tenant mentions in the clause. Or it actually applies to both parties?
Hi Hayashi, based on what is shown, this seems to apply only to the landlord as the tenant is not mentioned here. Hope this helps. Let us know if there are any topics you would like to hear from us.
Very helpful, need to turn the music down or off, thanks.
You are brilliant.
Agreed
Could a dentist who lost her dentistry practice get out of here commercial lease agreement for the rental of a dentistry office if her force majeure provision in her agreement didn't mention pandemic? Your help would be greatly appreciated.
“17.14 Force Majeure.
In the event Landlord or Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder other than the payment of money BY REASON OF strikes, lockouts, labor disputes, inability to procure materials, failure of power, unavailability of any utility service, restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of another party, war, or other reason beyond such party's control, then performance of such act shall be excused for the period of the delay, and the period of performance of any such act shall be extended for a period equivalent to the period of such delay.”
I was bound by a contract as a supplier for a year. while mco service is stopped. plus also the place I need to supply closed.
after mco, everything is back to normal. however, this business will not make a profit because the overall value of the contract is less.
I want to end the contract early. they want me to finish the contract which is not possible for me because it will only make debt to the company.
can or how can I use force majuere in the contract?
Hi. If the Force Majeure clause stated as following: “ SHOULD THE LANDLORD BE DELAYED OR PREVENTED FROM PERFORMING, IN WHOLE OR IN PART, ITS OBLIGATIONS UNDER THIS AGREEMENT BY REASONS OF OR AS RESULT OF ANY EVENT OF FORCE MAJEURE, IT SHALL BE EXCUSED FROM PERFORMING THOSE OBLIGATIONS, WHILST IT IS SO DELAYED OR PREVENTED, AND ACCORDINGLY THE TIME OR PERIOD OF TIME (AS THE CASE MAY BE) PROVIDED IN THIS AGREEMENT FOR ITS PERFORMANCE OF THOSE OBLIGATIONS SO AFFECTED SHALL BE EXTENDED BY A PERIOD DURING WHICH SUCH FORCE MAJEURE EVENT SUBSISTS”. Is this clause referring the landlord only? as no tenant mentions in the clause. Or it actually applies to both parties?
Hi Hayashi, based on what is shown, this seems to apply only to the landlord as the tenant is not mentioned here. Hope this helps. Let us know if there are any topics you would like to hear from us.