Affirmative Defense Terms Force Majeure
Description
How to fill out Answer By Defendant In A Civil Lawsuit Alleging The Affirmative Defense Of The Cause Of Action Being Barred By Waiver Of Terms Of Contract By Plaintiff?
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FAQ
For the purpose of this Agreement, an ?Event of Force Majeure? means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be ...
Force majeure clauses set forth the circumstances in which a party owing a duty under the contract (the obligor) is excused from all or partial performance of that obligation, typically due to circumstances beyond the obligor's reasonable control.
The party affected by force majeure is usually obligated to provide prompt written notice to the counterparty of the occurrence of the force majeure event (in reasonable detail) and the expected duration of the event's effect on the party.
Force majeure is an affirmative defense, and is waived if not pled.