This form brings together several boilerplate Force Majeure contract clauses that work together to outline the definition, effect, and procedures applicable under a contract agreement as a result of a Force Majeure event. Both short and detailed examples are provided to suit individual needs and circumstances.
Delaware Putting It All Together - Force Majeure Provisions
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US-ND1108
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How to fill out Putting It All Together - Force Majeure Provisions?
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FAQ
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.
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.
What is an example of a force majeure event? Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).
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.
What are the three elements of force majeure? In general, for an event to trigger a force majeure clause, it must be unforeseeable, external to the parties of the contract, and serious enough that it renders it impossible for the party to perform its contractual obligations.
The doctrine of force majeure relieves party of its contractual obligation when performance is impossible or impractical. Typically, a force majeure clause is contained within the boiler plate language of contract. It may contain specific events, general impossibilities or various catch all phrases.
Force Majeure provisions in construction contracts, including FIDIC, EPC and NEC, typically define a Force Majeure event or circumstance as being (1) beyond a party's control (2) an event which could not reasonably have been provided against before entering into the contract (3) not reasonably avoided or overcome, and ...