North Carolina Force Majeure - Long-Form Provision

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Multi-State
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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.

North Carolina Force Mature — Long-Form Provision is a legal agreement that is included in contracts to address and protect parties from unforeseeable circumstances or events beyond their control. This provision excuses or delays performance of contractual obligations when such events occur, reducing liability for non-performance or breach due to circumstances beyond the party's reasonable control. Keywords: North Carolina, Force Mature, Long-Form Provision, legal agreement, contracts, unforeseeable circumstances, events, control, performance, contractual obligations, liability, non-performance, breach. Different types of North Carolina Force Mature — Long-Form Provisions include: 1. Natural Disaster Force Mature: This provision covers events caused by natural disasters such as hurricanes, floods, earthquakes, tornadoes, or wildfires. It allows parties to suspend or extend their contractual duties until the effects of the natural disaster are resolved. 2. Acts of God Force Mature: This provision encompasses events beyond human control, including extreme weather conditions, epidemics, plagues, or other natural phenomena. It excuses parties from performance obligations until the situation is resolved. 3. Government Action Force Mature: This provision applies to events caused by government actions, regulations, or orders that could not have been anticipated or prevented. It can include actions like embargoes, import/export restrictions, or changes in legislation that hinder contractual performance. 4. Labor Disputes Force Mature: This provision covers situations in which labor disputes, strikes, or lockouts occur, disrupting the regular course of business operations and rendering contractual obligations difficult or impossible to be fulfilled. 5. Terrorism/Security Threat Force Mature: This provision addresses disruptions caused by acts of terrorism, war, civil unrest, or security threats that make it unsafe or impractical for parties to perform their contractual obligations. It is important to note that the inclusion and specific language of the force majeure provision can vary depending on the parties involved and the nature of the contract. Consulting with a legal professional in North Carolina is recommended to ensure compliance with applicable laws and regulations.

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FAQ

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.

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.

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 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.

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: 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.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

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Oct 22, 2020 — A Force Majeure Clause is a legal concept that allows one party to a contract to suspend, excuse, or terminate contractual obligations. Jun 10, 2020 — The North Carolina Business Court enforced the clause as written, obligating the tenant to pay rent despite its lost accreditation. In another ...COVID-19 has caused attorneys and businesses across the country to review a common “boilerplate” provision in many contracts: the force majeure clause. Mar 6, 2020 — Below are some drafting tips to address COVID-19 or a similar future event. Make sure your contract has a force majeure clause to cover COVID-19 ... 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 ... Apr 27, 2020 — Covid-19 litigation battles are likely to be fought over the following defenses that may excuse contract performance: force majeure provisions, ... Use this force majeure event letter template to efficiently notify contracting parties. [Download the full force majeure notification letter template and ... When is contractual performance excused? We have attempted to review all U.S. cases involving force majeure disputes and similar common law defenses to ... Oct 10, 2023 — Insert this clause in a construction contract to address adjustments to the contract sum following a force majeure event. Owner and Contractor ... Jun 12, 2020 — Decisions after 9/11 and the Great Recession show strict interpretation of force majeure clauses, but courts are more likely to excuse ...

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North Carolina Force Majeure - Long-Form Provision