In February, Hitz Restaurant Group filed for bankruptcy and stopped paying rent. In March, Illinois Governor J.B. Pritzker issued a government order to suspend food and beverage service due to the COVID-19 pandemic. How was Hitz able to use the government order to trigger force majeure and to partially suspend its rent payments?
This episode discusses the details of this unique case, deconstructing the force majeure clause and highlighting best practices when drafting force majeure provisions.
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