Kentucky 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.

The Kentucky Force Mature — Long-Form Provision is a legal clause included in contracts to address unforeseen and uncontrollable events that can prevent or delay the performance of contractual obligations. This provision is drafted specifically for contracts governed by Kentucky law and is designed to protect parties from liability in situations beyond their control. A force majeure event refers to an extraordinary circumstance or event that is beyond the control of the contracting parties and makes it either impossible or impractical to fulfill contractual obligations. Common examples of force majeure events include natural disasters, acts of God, war, acts of terrorism, government actions, labor disputes, and epidemics. The Kentucky Force Mature — Long-Form Provision typically includes a detailed definition of force majeure events, clearly outlining the specific events that are deemed to qualify as force majeure under the contract. This helps establish a common understanding between the parties regarding what events will trigger the provision. In addition to defining force majeure events, the provision may also outline the procedures and requirements that must be followed by the affected party in the event of a force majeure. This can include notification requirements, obligations to mitigate damages, and the possibility of suspension or termination of the contract. It is important to note that not all force majeure clauses are the same. There may be different variations of the Kentucky Force Mature — Long-Form Provision depending on the specific needs of the parties or the nature of the contractual relationship. Some possible variations may include: 1. Standard Force Mature Provision: This is a basic provision that defines force majeure events and outlines the general obligations of the parties in case of such events. 2. Broad Force Mature Provision: This provision expands the scope of force majeure events beyond the typical examples and includes additional events that may be specific to the industry or the parties involved. 3. Specific Force Mature Provision: This provision may be tailored to address particular risks or events that are unique to the contract or the industry. For example, in a construction contract, force majeure events may include delays caused by permits or unforeseen site conditions. In conclusion, the Kentucky Force Mature — Long-Form Provision is a carefully crafted legal clause that protects parties from liability in situations where the performance of contractual obligations is hindered or impossible due to unforeseen events beyond their control. The provision helps establish a framework for dealing with force majeure events and can vary depending on the specific needs and circumstances of the contract.

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FAQ

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.

Comment: 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.

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.

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.

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.

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.

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by JH Robinson · Cited by 12 — The parties' integrated agreement contained no force majeure provision, much less one specifying the occurrence that defendant would now have treated as a force ... This memorandum will seek to provide Kentucky exemplar for the USLAW NETWORK Compendium of Law on relevant considerations with respect to invoking “force ...Drafting or reviewing a commercial contract? Our skilled Central Kentucky business lawyers offer tips for protecting your interests and discuss how we can ... Editor's Note: The three sample force majeure clauses below cover epidemics and pandemics, each addressing the ongoing Covid-19 pandemic in different ways. meet the requirements for a complete excuse under the agreement's force majeure provision. ... Force majeure clauses are interpreted narrowly in Kentucky. “A ... The sample is annotated with commentary from Bloomberg Law experts. [Download the full force majeure notification letter template and annotations as a PDF.]. The typical Kentucky force majeure clause includes a provision that only excuses a ... provision will excuse performance only for as long as the force majeure. Mar 17, 2020 — Read the contract. · Confirm if the contract has a force majeure provision. · Examine the contractual definition of force majeure. · Research the ... Mar 1, 2023 — Agencies purchasing from this Master Agreement will be required to obtain a quote from the vendor and submit it to OPS.Reporting@ky.gov. 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 ...

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Kentucky Force Majeure - Long-Form Provision