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Updated over 3 years ago,

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Question regarding Force Majeure

Posted

Does anyone have an example of Force Majeure language that favors the landlord or at least splits the risk if another pandemic should occur?  

This is the paragraph we are currently negotiating and the landlord is concerned that the tenant can stop paying if there is an event called a pandemic even if he can still operate his business and if there is PPE again. 

FORCE MAJEURE

Neither party hereto shall be required to perform any term, condition or covenant of this Lease as long as such performance is delayed or prevented by force majeure, which shall mean an Act of God, strike, pandemic, lockout, material or labor restriction by any governmental authority, civil riot, flood or any unforeseeable causes not reasonably within the control of such party and which, by the exercise of due diligence, such party is unable, wholly or in part, to prevent or overcome. The foregoing shall not excuse either party from the payment of any monies due prior to the occurrence of the Force Majeure pursuant to the terms of this Lease.