Alaska Force Majeure Provisions - The UCC Model

State:
Multi-State
Control #:
US-ND1102
Format:
Word; 
PDF
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Description

This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).

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FAQ

5 Force Majeure 1. In the case of failure to perform this Agreement due to any force majeure, neither party shall be liable for such failure, and this Agreement shall be terminated automatically.

If you have a family crisis, you have a right to limited time off work. This is called force majeure leave. You may need to take force majeure leave for an urgent family reason, such as the unexpected injury or illness of a 'close family member'.

A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force ...

Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable. These concepts are defined and applied differently depending on the jurisdiction.

Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, ?act of God.?

Re: Notice of Force Majeure As you may know, [IDENTIFY THE FORCE MAJEURE EVENT]. We are writing to notify you that, following our best efforts to remain fully operational during this time, we have no choice but to invoke force majeure, pursuant to [section/clause/article ___] of the Contract.

Many force majeure provisions and the UCC specify when a party may terminate a contract if the other party's performance is delayed due to a force majeure. Under the UCC, this right arises ?where the prospective deficiency substantially impairs the value of the whole contract.?

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Alaska Force Majeure Provisions - The UCC Model