Construction Contract Force Majeure Clause Example In Orange
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Ingly, we write to request NATURE OF RELIEF SOUGHT due to the unforeseen impact of THE FORCE MAJEURE EVENT. ADD ASSURANCES IF NECESSARY – for example: “_______ fully intends to continue our business relationship pursuant to the Contract once the FORCE MAJEURE EVENT has ended/subsided/ceased/etc.”
Sample Language 3 The Parties hereby acknowledge that while current events related to the current epidemic/pandemic are known, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that they prevent the performance of a Party's obligations under this Agreement.
Give Notice, If Necessary. Many clauses require the parties to give notice of a force majeure declaration a specific number of days before the event or within a certain time frame once the event is triggered. Make sure you're following terms and promptly give notice.
Force majeure clauses typically identify such events as excusable delays, allowing the contractor a time extension. However, these clauses are typically silent as to responsibility for delay costs and additional direct costs that result from the force majeure event.
Force majeure incidents typically include wars, natural disasters (e.g., earthquakes), terrorist attacks, epidemics, and civil unrest, such as riots. The concept of force majeure originated in French civil law as part of the Napoleonic Code and has been incorporated into the common law and civil law of many countries.
Sub-Clause 1.9 of the FIDIC 2017 conditions, which addresses Delayed Drawings or Instructions, establishes a structured process for managing delays resulting from the Engineer's failure to provide necessary documentation in a timely manner.
Typically, the clause will define the specific events or circumstances that qualify as force majeure, providing a non-exhaustive list of examples. These examples often encompass natural disasters, acts of God, riots, embargoes, or any other events that are considered extraordinary and beyond the control of the parties.
Force majeure clause samples 10.2 The Party affected by Force Majeure shall not assume any liability under this Agreement. Section 15.12 Force Majeure. 6.4 If the agreement cannot be performed due to force majeure, the responsibility shall be exempted in part or in whole ing to the influence of force majeure.
Templates. “Force Majeure: Neither party shall be liable for any failure or delay in the performance of any obligations under this Agreement, except for the obligation to make payments, if such failure or delay is caused by a Force Majeure event.
