Illinois Force Majeure Provisions - Consequences of a Force Majeure Event

State:
Multi-State
Control #:
US-ND1106
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Description

This form provides boilerplate Force Majeure contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of a Force Majeure event. Several different language options are included to suit individual needs and circumstances.

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FAQ

Hear this out loud PauseA force majeure clause is a contract provision that excuses a party's performance of its obligations under the contract when certain usually express circumstances arise beyond the party's control.

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.

Hear this out loud PauseComment: 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.

Hear this out loud PauseGenerally 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.

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.

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Illinois Force Majeure Provisions - Consequences of a Force Majeure Event