Delaware 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.

Delaware Force Mature — Long-Form Provision refers to a legal clause included in contracts to address unforeseen circumstances beyond the control of the parties involved. Essentially, it allows for the temporary suspension or complete termination of contractual obligations due to events or conditions considered "force majeure" or acts of God. This provision is particularly significant in Delaware, as it allows businesses to protect themselves from potential losses resulting from uncontrollable events. In Delaware, there are different types of Force Mature — Long-Form provisions that can be tailored to specific contractual needs. These variations may include: 1. General Force Mature Clause: This type of provision covers a wide range of events or conditions that may disrupt contractual obligations. It typically lists examples such as natural disasters, wars, labor strikes, and government regulations, amongst others. The term "force majeure" itself is often defined in the contract for clarity. 2. Disease or Epidemic Clause: In light of recent global health crises, such as the COVID-19 pandemic, contracts may include specific language relating to diseases or epidemics. This provision allows parties to suspend or terminate their obligations in the event of an outbreak or an epidemic, ensuring the wellbeing of individuals involved. 3. Acts of Terrorism or Political Unrest Clause: Given the volatile nature of our world, some contracts may include provisions addressing acts of terrorism or political unrest. This kind of provision allows for temporary suspension or termination of obligations in the event of such occurrences, providing a level of protection to the parties involved. 4. Pandemic Clause: Similar to a Disease or Epidemic Clause, a Pandemic Clause specifically addresses a global or regional pandemic. This provision may outline the specific actions parties can take, such as invoking remote work policies or suspending operations, to mitigate contractual obligations during a pandemic. When drafting a Delaware Force Mature — Long-Form Provision, it is crucial to consider various factors such as the specific industry, potential risks, and the impact on each party. Additionally, it is important to clearly define terms, such as force majeure events, and outline the procedures for invoking the provision, including notice requirements and the duration of suspension or termination. By incorporating a well-defined Delaware Force Mature — Long-Form Provision into contracts, businesses can mitigate the potential risks associated with unforeseen events and protect their interests while maintaining a degree of flexibility. It is advisable to consult with legal experts familiar with Delaware law when including such provisions to ensure they meet the specific requirements of the jurisdiction and the needs of the parties involved.

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FAQ

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'.

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 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 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.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

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.

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).

If any Force Majeure continues unabated for a period of at least ninety (90) days, the Parties shall meet to discuss in good faith what actions to take or what modifications should be made to this Agreement as a consequence of such Force Majeure in order to alleviate its consequences on the affected Party.

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Mar 16, 2020 — To the extent an agreement includes a force majeure clause, it will generally operate to relieve one or both parties of some or all of their ... Mar 19, 2020 — Any business anticipating its own — or a counterparty's — inability to comply with contract responsibilities due to COVID-19 should be familiar ...Delaware courts interpret force majeure provisions consistent with the parties ... provision will excuse performance only for as long as the force majeure. Editor's Note: The three sample force majeure clauses below cover epidemics and pandemics, each addressing the ongoing Covid-19 pandemic in different ways. Apr 24, 2020 — The Delaware courts interpret a force majeure provision, as with any other contractual provision, based upon the words chosen by the drafters. Oct 9, 2020 — A force majeure provision normally only appears in contracts where at least one party has an extended performance obligation. Examples include ... “Force Majeure” means acts of God, acts of the public enemy, wars, blockades, insurrections, riots, storms, floods, washouts, arrests, the order of any court or ... Jun 12, 2020 — Decisions after 9/11 and the Great Recession show strict interpretation of force majeure clauses, but courts are more likely to excuse ... 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 ... Jun 15, 2020 — While force majeure clauses are common in many construction contracts, they are not often invoked because the facts and circumstances required ...

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Delaware Force Majeure - Long-Form Provision