This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Minnesota Force Mature Provisions — The UCC Model Description: The Minnesota Force Mature Provisions, based on the Uniform Commercial Code (UCC) Model, provide legal protection for parties involved in commercial contracts in the state of Minnesota. These provisions address unforeseen circumstances or events, known as force majeure events, which may prevent or delay contract performance. The UCC Model provides a framework for parties to allocate risks and responsibilities when such events occur. Keywords: 1. Minnesota Force Mature Provisions: These are specific legal clauses established in Minnesota to address force majeure situations in commercial contracts. 2. Force Mature Events: These events are typically unforeseen and beyond the control of the contracting parties. Examples include natural disasters, war, terrorism, acts of government, strikes, and epidemics. 3. Uniform Commercial Code (UCC) Model: The UCC is a set of standardized laws governing commercial transactions in the United States. The force majeure provisions in Minnesota are derived from this model to provide consistency and clarity in contract law. 4. Contract Performance: Refers to the fulfillment of contractual obligations by the parties involved. Force majeure provisions address situations where performance becomes impossible or impracticable due to force majeure events. Types of Minnesota Force Mature Provisions — The UCC Model: There may be variations in how force majeure provisions are drafted and included in contracts. However, they generally fall into the following categories: 1. Excuse Performance: These provisions allow one or both parties to be excused from performance if a force majeure event occurs. They may specify the duration of the excuse and the steps necessary to resume performance once the force majeure event ends. 2. Delay or Extension of Time: In these provisions, force majeure events are considered grounds for extending the time for performance. Parties are afforded additional time to complete their obligations, accounting for the delays caused by the force majeure. 3. Allocation of Risk: Some force majeure provisions allocate the risk associated with force majeure events between the parties. They may specify which party bears the risk and responsibility for losses or damages resulting from such events. 4. Mitigation Measures: These provisions require parties to take reasonable measures to mitigate the effects of a force majeure event on contract performance. They may include obligations to provide notice, develop alternate plans, or explore alternative sources of supply or service. It is important for parties to carefully draft force majeure provisions to address their specific needs, potential risks, and circumstances of the contract. Consulting legal professionals familiar with Minnesota laws is recommended to ensure compliance and proper protection.