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 Majeure - Long-Form Provision
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US-ND2308
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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.