North Carolina Force Majeure Provisions - The UCC Model

State:
Multi-State
Control #:
US-ND1102
Format:
Word; 
PDF
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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 Clauses Force majeure is the legal principle that allows for the termination of the contract or postponement of a party's obligations where events occur that were outside the control of the parties and makes complying with the contract impossible.

Most contracts, including ones involving real estate, contain a force majeure or ?act of God? provision. The purpose of this clause is to excuse one of the parties from the obligation outlined in the agreement if something occurs that cannot be reasonably anticipated.

FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.

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.

A force majeure clause is a contractual provision that relieves one or both of the parties of their performance obligations if circumstances beyond their control arise. Most often in residential real estate transactions, this clause is invoked to delay ? not cancel ? the closing process.

Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties' control.

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.

A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.

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North Carolina Force Majeure Provisions - The UCC Model