Alaska Force Majeure - Long-Form Provision

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US-ND2308
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This form brings together several boilerplate Force Majeure contract clauses that work together to outline the definition, effect, remedies, and procedures applicable under a contract agreement as a result of a Force Majeure event.

Alaska Force Mature — Long-Form Provision: Understanding the Implications In the context of legal agreements and contracts, a Force Mature clause is often included to protect parties from unforeseen events or circumstances that can significantly impact their ability to fulfill their contractual obligations. Alaska, like many other jurisdictions, recognizes the importance of anticipating such situations and has specific provisions known as Alaska Force Mature — Long-Form Provision. The Alaska Force Mature — Long-Form Provision is a detailed clause that outlines the scope and application of force majeure events, also known as "acts of God" or "acts beyond human control," within legal agreements. Such provisions aim to allocate the risks associated with extraordinary events that may render performance infeasible, commercially unreasonable, or impracticable. Key concepts: 1. Definition: The Alaska Force Mature — Long-Form Provision provides a comprehensive definition of force majeure events, typically including events such as natural disasters (e.g., earthquakes, floods), acts of war, terrorism, government actions, epidemics, pandemics, labor strikes, or other events which may be unforeseeable and outside the control of the parties involved. 2. Triggering Conditions: This provision usually outlines the conditions that must be met for the force majeure clause to be invoked. These conditions can vary depending on the specific agreement at hand, but often include conditions like impossibility or impracticability of performance due to the force majeure event, a requirement that the party affected by the event provides prompt notice to the other party, and an obligation to mitigate damages and resume performance when the force majeure event subsides. 3. Consequences: The Alaska Force Mature — Long-Form Provision specifies the implications of invoking the force majeure clause. It can suspend or delay the obligations of the parties during the force majeure event, extend contract timelines, provide for temporary relief from liabilities, or, in some cases, allow for termination of the contract if the force majeure event persists for an extended period. Types of Alaska Force Mature — Long-Form Provision: 1. Natural Disaster Provision: This type of provision focuses on force majeure events that are typically triggered by natural disasters such as earthquakes, hurricanes, or wildfires. It enables the affected party to temporarily suspend or modify the performance of their obligations under the contract until the situation can be resolved. 2. Pandemic or Epidemic Provision: Specifically relevant in the context of the COVID-19 pandemic, this provision accounts for communicable diseases or widespread health emergencies. It allows parties to reassess their contractual obligations considering the impact of the pandemic, potentially providing temporary relief or renegotiation options. In conclusion, the Alaska Force Mature — Long-Form Provision is a crucial component of contractual agreements that protects parties from unforeseen events beyond their control. By intelligently incorporating this provision and understanding its implications, businesses and individuals can navigate challenging circumstances while maintaining contractual obligations and mitigating potential liabilities.

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FAQ

On [DATE] our manufacturing facility in [LOCATION] was severely damaged by [Hurricane, Storm, Electrical Fire, or Other Specific Cause Listed or Described as a Force Majeure Event in the Parties' Commercial Agreement], resulting in a [Complete; Partial] shutdown of the facility.

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.

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.

Force Majeure Clause A party is not liable for a failure to perform if he can prove that: (1) the failure was due to an impedement beyond his control; (2) he could not have reasonably foreseen the impediment at the time of contract formation; and (3) he could not have reasonably avoided or overcome its effects.

Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties' control.

A force majeure clause includes three elements: It specifies the events which enable either party to declare a force majeure/act of God event. It states how a party should notify its counterparty about the occurrence. It describes the consequences after a force majeure event has occurred.

Comment: Typical Force Majeure events include natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), infrastructure failures (transportation, energy), etc.

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Mar 24, 2020 — The first step is to review the triggering events enumerated in the force majeure clause. Many force majeure clauses are triggered by an “act ... ... Alaska provides a default statutory provision: “'force majeure' means war, ... meet the requirements for a complete excuse under the agreement's force majeure ...not render a promise to complete the development of a property within a designated time to be illusory so long as the force majeure clause is triggered only. Force Majeure Event means any event outside Carrier's control, which includes, but is not limited to, weather conditions and meteorological events, such as ... If the force majeure occurs before the expiration of the primary term, the primary ... The state and the lessee expressly agree that the law of the State of ... Sep 29, 2014 — The contractor may not assign or delegate this contract, or any part of it, or any right to any of the money to be paid under it, ... (a) The Parties shall complete a closing at the offices of Optionee with respect to the State Claims (the “Closing”) on the date specified by Optionee in its ... Force majeure is a contract clause that removes liability for catastrophic, unforeseen events that prevent participants from fulfilling obligations. by G Glazebrook · 2023 — Part III examines recent trends in airline CC language and compares class action waivers' rapid evolution with force majeure clauses' lack of innovation. Consider Excusing Underperformance Due to Force Majeure. Although a force majeure clause should always allow for complete cancellation of a meeting without ...

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Alaska Force Majeure - Long-Form Provision