Indiana Force Majeure - Long-Form Provision

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Multi-State
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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.

Indiana Force Mature — Long-Form Provision is a legal provision included in contracts to address unforeseen events and circumstances that may prevent or hinder the performance of contractual obligations in the state of Indiana. It shields the contracting parties from liability or penalties in case of unavoidable events beyond their control. One type of Indiana Force Mature — Long-Form Provision is the "Act of God" clause, which covers natural disasters such as earthquakes, hurricanes, floods, or other catastrophic events. This provision acknowledges that such events are beyond the control of the parties and may make it impossible or impracticable to fulfill their contractual obligations. Another type of Indiana Force Mature — Long-Form Provision is the "Labor Disruption" clause, which handles situations where strikes, lockouts, or other labor disputes occur, resulting in the inability to perform contractual duties. It recognizes the impact of labor disruptions on contractual obligations and safeguards the parties from any penalties or claims due to non-performance. The "Government Action" clause is another variant of the Indiana Force Mature — Long-Form Provision. It addresses situations when government intervention, such as new regulations, laws, embargoes, or similar actions, prevent the parties from fulfilling their obligations. This provision protects the contracting parties from any liability arising from non-compliance due to governmental actions. The "War or Civil Unrest" clause is yet another type of Indiana Force Mature — Long-Form Provision. It covers scenarios where armed conflicts, riots, acts of terrorism, or civil unrest make it impossible to perform contractual duties. This provision acknowledges the extraordinary circumstances created by such events and exempts the parties from any responsibility for non-performance. It is important to note that the specific language and scope of Indiana Force Mature — Long-Form Provision may vary depending on the agreement and the negotiation between the parties. Hence, it is advisable to consult legal professionals experienced in Indiana contract law to ensure the provision comprehensively addresses the potential force majeure events and protects the rights of the parties involved.

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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 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.

The ability to claim force majeure varies on a contract by contract basis. Most contracts and lease agreements define natural disasters, labor strikes, civil disturbances, acts of God, and war as not ?reasonably foreseeable.? Rarely do cases of economic hardship qualify as force majeure events.

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.

The party affected by force majeure is usually obligated to provide prompt written notice to the counterparty of the occurrence of the force majeure event (in reasonable detail) and the expected duration of the event's effect on the party.

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.

A force majeure clause should include a desired result or outcome that may be relied upon by the party invoking the clause 20 21. The desired result or outcome may only be considered once a triggering event has occurred and it is impossible for a party to perform its contractual obligations under the contract 21 23.

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Mar 16, 2020 — Since its insurgence in China's Hubei province in December 2019, the novel coronavirus (“COVID-19”) has wreaked havoc on human health and ... Mar 24, 2020 — Notice provisions may specify the form of the notice, to whom it must ... Does the force majeure clause cover only “acts of God”? No ☐, Yes ...Jul 13, 2022 — o A force majeure clause aims to excuse a party's performance when ... A recent case on force majeure, Specialty Foods of Indiana, Inc. v ... Indiana defines a force majeure clause as a “contractual provision allocating the ... provision will excuse performance only for as long as the force majeure. [Download the full force majeure notification letter template and annotations as a PDF.] FORM OF FORCE MAJEURE NOTICE. To: Counterparty. Address. Re: Supply ... Indiana – Force Majeure Law. Indiana law recognizes the enforceability of force majeure provisions in commercial contracts. Specialty Foods of Indiana, Inc. Editor's Note: The three sample force majeure clauses below cover epidemics and pandemics, each addressing the ongoing Covid-19 pandemic in different ways. Mar 20, 2020 — A force majeure clause is a contractual provision that excuses a party's performance under a ... , a federal court in Indiana applying Iowa law ... meet the requirements for a complete excuse under the agreement's force majeure provision. ... Indiana courts enforce force majeure clauses according to their ... Jun 23, 2020 — Landlord and Tenant shall each be excused from performing its obligations or undertakings provided in this Lease, in the event, but only so long ...

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Indiana Force Majeure - Long-Form Provision