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PLAYBOOK TEMPLATES

Property Management Agreement

A Property Management Agreement sets the terms under which an agent manages real estate on behalf of an owner. This playbook outlines duties of care, indemnification, and compensation structures.

Force Majeure Conditions

Why This Matters: Ambiguous force majeure terms can lead to disputes over excused performance and liability. Precise definitions ensure parties are not unfairly penalized for uncontrollable events.

Negotiation strategy

If you're the Manager:

Ensure the clause includes specific events and clear notice requirements. Advocate for reasonable mitigation obligations to protect against uncontrollable disruptions.

If you're the Landlord:

Negotiate for a comprehensive list of force majeure events. Seek clarity in notice and mitigation obligations to avoid disputes.

Essential elements

1

Event Definition

Defines excusable events.
2

Notice Requirement

Details notification process.
3

Mitigation Obligation

Outlines efforts to minimize impact.

Action framework

ACCEPT

Propose edits when events are too broad or notice requirements are unclear.

EDIT

Reject if the clause lacks essential elements or is overly vague.

ADD

Add language for jurisdiction-specific requirements or missing elements.

PRO TIP

Always ensure the clause aligns with jurisdiction-specific legal standards to avoid enforceability issues.

Example clauses

FAVORABLE

Preferred Force Majeure Clause

"Force Majeure Event" means any event or circumstance, or combination of events or circumstances, that is beyond the reasonable control of a party and that materially affects the performance of any of its obligations under this Agreement, including but not limited to acts of God, war, terrorism, civil commotion, labor disputes, governmental actions, natural disasters, and pandemics.
NEUTRAL

Fallback Force Majeure Clause

If the clause is overly broad, suggest narrowing the scope to specific events and clarifying notice and mitigation requirements.
UNFAVORABLE

Vague Force Majeure Clause

"Force Majeure Event" includes any event affecting performance without clear definition or notice requirements.

Fallbacks

High-Risk Projects

In high-risk projects, ensure the clause covers all potential disruptions and includes robust mitigation strategies.

International Contracts

For international contracts, adapt the clause to comply with varying jurisdictional standards and include cross-border considerations.

Long-Term Agreements

In long-term agreements, regularly review and update the clause to reflect changing circumstances and emerging risks.
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