Force Majeure Clause
(Commercial Lease)

Summary

This force majeure clause is for use in a commercial lease. It allows parties to allocate risks in a contract. This clause covers a range of events beyond the parties' control, the occurrence of which will excuse performance by a party. This clause includes practical guidance and drafting notes. The concept of force majeure excuses a party's contractual performance obligations when certain circumstances cause such party to be unable to perform based on events beyond such party's control. Generally, force majeure clauses only reference events that would render such performance either impossible, impracticable, or in frustration of the agreement's purpose and, as such, their inclusion may be considered unnecessary. Best practice, however, is to include a force majeure clause. For further guidance on force majeure clauses and additional drafting guidance, see Force Majeure Clauses and Force Majeure Clause Drafting.