Maine Negotiating and Drafting the Force Majeure Provision

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Multi-State
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US-ND1103
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This form provides boilerplate Force Majeure contract clauses that outline the definition and effect of a Force Majeure event on a contract agreement. Several different language options are included to suit individual needs and circumstances.


Maine Negotiating and Drafting the Force Mature Provision is an essential aspect of contract creation. In legal terms, Force Mature refers to unforeseen circumstances or events that prevent a party from fulfilling their contractual obligations. It acts as a safeguard, protecting parties from liabilities arising due to events beyond their control. Negotiating and drafting the Force Mature Provision involves specifying the conditions under which contractual obligations can be excused or delayed due to such events. When it comes to Maine, there are several key considerations while negotiating and drafting the Force Mature Provision. It is important to ensure that the provision is tailored to the specific needs and circumstances of the parties involved. The following are some relevant keywords and different types of Maine Negotiating and Drafting the Force Mature Provision that can be explored: 1. Definition: Clearly define what constitutes a force majeure event in the contract. Keywords: unforeseen circumstances, unavoidable events, acts of God, natural disasters, pandemics, government actions. 2. Specificity: Specify the events or circumstances that will trigger the activation of the provision. Keywords: specific force majeure events, enumerated events, detailed description, non-exhaustive list. 3. Causation: Determine the threshold or standard required for a force majeure event to excuse performance. Keywords: causation, direct causation, substantial causation, reasonable efforts, impossibility, impracticability. 4. Notice Requirements: Outline the obligations related to providing timely notice to the other party. Keywords: notice, prompt notification, written communication, timeframe, designated contact. 5. Mitigation: Address the parties' responsibilities in mitigating the impact of a force majeure event. Keywords: mitigation efforts, alternative solutions, substitute performance, acting in good faith. 6. Suspension or Termination: Specify the consequences of a force majeure event, whether it leads to temporary suspension or termination of the contract. Keywords: temporary suspension, termination, extension of time, right to terminate. 7. Force Mature Exceptions: Identify any events that are excluded from the force majeure provision. Keywords: exceptions, non-applicable events, excluded circumstances. 8. Allocation of Risks: Determine the allocation of risks and liabilities between the parties in the event of force majeure. Keywords: risk allocation, liability limitations, indemnification, financial obligations. 9. Governing Law: Designate the applicable law that governs the interpretation and enforcement of the force majeure provision. Keywords: governing law, choice of law, jurisdiction. 10. Dispute Resolution: Specify the preferred method of resolving disputes arising from force majeure events. Keywords: dispute resolution, arbitration, mediation, litigation. In conclusion, Maine Negotiating and Drafting the Force Mature Provision requires careful consideration of various factors to protect the interests of all parties involved. By incorporating these relevant keywords and addressing different types of force majeure scenarios, contracts can better withstand unforeseen circumstances and minimize potential legal disputes.

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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.

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.

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.

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.

One of the key aspects of negotiating force majeure clauses is to define the terms and conditions that will trigger and govern the application of the clause. You should be clear and specific about what constitutes a force majeure event, and avoid vague or broad terms that may create ambiguity or disputes.

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.

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.

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Maine Negotiating and Drafting the Force Majeure Provision