Massachusetts Force Majeure Provisions - The UCC Model

State:
Multi-State
Control #:
US-ND1102
Format:
Word; 
PDF
Instant download

Description

This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).

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FAQ

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.

Many force majeure provisions and the UCC specify when a party may terminate a contract if the other party's performance is delayed due to a force majeure. Under the UCC, this right arises ?where the prospective deficiency substantially impairs the value of the whole contract.?

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'.

Force Majeure Clauses Force majeure, French for a ?superior force,? is an apt name for contractual clauses that allow a party, or the parties, to avoid certain obligations because of unexpected events. There are not standard force majeure clauses; rather, each force majeure clause is specific to the contract.

Force Majeure: For the purposes of this contract, an event of ?force majeure? shall mean any strikes, work stoppages or other labor difficulties, fires, floods or other acts of God: acts of government or any subdivision or agency thereof; which are beyond the control of the party claiming the occurrence of a force ...

Re: Notice of Force Majeure As you may know, [IDENTIFY THE FORCE MAJEURE EVENT]. We are writing to notify you that, following our best efforts to remain fully operational during this time, we have no choice but to invoke force majeure, pursuant to [section/clause/article ___] of the Contract.

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Massachusetts Force Majeure Provisions - The UCC Model