Avoid Unintended Consequences of Force Majeure Clauses

February 2, 2011
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Mark Morfopoulos, Esq.

A “force majeure” clause permits parties to a contract, such as a commercial real estate owner and tenant, to extend the performance time of contractual obligations, such as those in a lease—provided certain conditions are met. The clause is often used in commercial leasing because the tenant and owner recognize that compliance with lease obligations may be hindered or even completely prevented by extraordinary events that they may not be able to control, anticipate, or avoid.

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