Fill and Sign the Example 2 Fairer Force Majeure Clause Form

11.02A[2]b Example 2: Fairer Force Majeure ClauseExcept for its negligence, breach of this agreement or willful actions, this Lease and the obligations of either party thereunder to perform its obligations under this Lease shall be suspended and excused in the event that party is prevented or delayed in performing its obligations due to a force majeure event. Such force majeure event shall be defined as natural calamities, such as earthquakes, hurricanes, tornadoes, flooding and other major weather related events, governmental actions, including governmental preemption in connection with a National Emergency, war acts of state sponsored terrorism or by reason of any rule, order or regulation of any department or subdivision thereof of any governmental agency related to a National Emergency and labor strikes or actions which may objectively prevent the party contractually obligated to perform its obligations under the Lease. In the event the landlord is unable to perform its obligations due to a force majeure event, the landlord shall make a good faith effort to supply such services, repairs or other obligations by other reasonable alternative methods. In the event Landlord is still unable to perform its obligation due to a force majeure event, Tenant shall be entitled to a proportionate abatement of rent to the extent that such rent represents the costs of such Landlord supplied services or repairs or the costs for Tenant to find alternative services or repairs, whichever cost is higher. Nothing under this provision shall require Tenant to waive its rights to cancel this Lease under constructive or actual constructive eviction or by law.