This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Connecticut Force Mature Provisions — The UCC Model are legal provisions incorporated in contracts to address unforeseeable events or circumstances that may prevent one or both parties from fulfilling their contractual obligations. These provisions, often included in commercial contracts, aim to allocate risks and provide guidelines for parties to navigate unexpected events that are beyond their control. Connecticut adheres to the Uniform Commercial Code (UCC) Model in formulating its Force Mature Provisions. The UCC Model provides a standardized framework that facilitates consistency and clarity in contract interpretation across the state. Here are some key aspects and types of Connecticut Force Mature Provisions — The UCC Model: 1. Definition: The Connecticut UCC model defines force majeure events broadly, encompassing natural disasters, acts of God, war, terrorism, civil unrest, government actions, labor disputes, and any other events that are beyond the reasonable control of the parties. 2. Non-performance or delay: The UCC Model allows for contract non-performance or delays when a force majeure event occurs. If a party is unable to fulfill its obligations due to the event, they may be excused from liability or given a reasonable extension of time. 3. Notice requirements: The UCC Model may specify that the party affected by the force majeure event must promptly notify the other party in writing. This offers transparency and allows the non-affected party to seek alternative solutions or mitigate damages. 4. Burden of proof: The burden of proof lies with the party seeking to rely on the force majeure provision. They must demonstrate that the event was unforeseeable, unavoidable, and rendered performance impossible or significantly impeded. 5. Mitigation of damages: The UCC Model may impose a duty on the affected party to make reasonable efforts to mitigate the damages caused by the force majeure event. Failure to do so may limit their entitlement to relief or compensation. 6. Termination rights: The UCC Model may grant termination rights to either party if the force majeure event persists for an extended period, making contractual performance impracticable or commercially unreasonable. 7. Other provisions: The UCC Model can also include clauses related to insurance requirements, indemnification, waivers, and liability limitations in the context of force majeure events. It is important to note that while Connecticut follows the UCC Model, specific force majeure provisions may vary depending on the negotiated terms in individual contracts. It is advisable to consult legal professionals to ensure the inclusion of appropriate and comprehensive force majeure provisions tailored to the specific circumstances and business needs.
