Exculpation Clauses – Why?

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This is only going to work if we all agree not to get emotional or react by reaching to our knees and jerking them.

Landlord exculpations clauses are a given. They are ingrained in our tradition. They aren’t going away. But, do they add anything to a lease any longer? Are they fairly drafted once the parties agree or concede that a lease will have one?

What are “exculpation clauses”? Well, they aren’t really clauses “exculpating” anyone, because they don’t really absolve, pardon or excuse a mistake or breach. If they did, then there really wouldn’t be a monetary claim to pursue. They just limit the source of funds that can be reached if the landlord owes money to the tenant. What they weren’t called “damage limitation” clauses, I don’t know. Maybe, that would have been too clear. [Read more…]

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