Give Tenants Force Majeure Relief But Make 3 Key Exceptions

Post-pandemic, tenants are seeking to expand the scope of the force majeure clause.

The so-called force majeure clause excusing a party to a lease from performing its duties if a catastrophic event beyond its control happens has long been a staple of commercial leases. But until recent times, it was largely regarded as boilerplate relegated to the back of the lease with all of the other supposedly inconsequential terms.