Kentucky Putting It All Together - Force Majeure Provisions

State:
Multi-State
Control #:
US-ND1108
Format:
Word; 
PDF
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Description

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.

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FAQ

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.

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.

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.

For a force majeure provision to excuse nonperformance, the nonperformance must be both directly and proximately caused by the allegedly triggering condition. For example, a restaurant may be able to show it could not operate (or operate fully) due to government shutdowns but may fail to prove it could not pay rent.

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.

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.

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Kentucky Putting It All Together - Force Majeure Provisions