New Hampshire Force Majeure - Long-Form Provision

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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.

In legal contracts, a force majeure clause is crucial to protect parties from unforeseen circumstances that may prevent them from fulfilling their contractual obligations. New Hampshire, like many other jurisdictions, has its own variant of the force majeure clause, known as the New Hampshire Force Mature — Long-Form Provision. The New Hampshire Force Mature — Long-Form Provision is a detailed provision that specifically outlines the conditions and events that constitute a force majeure event under New Hampshire law. It aims to provide clarity and certainty to contracting parties by defining the scope and application of force majeure in various circumstances. This provision recognizes that certain events beyond the control of the parties, such as natural disasters, acts of God, pandemics, government actions, and unpredictable market conditions, may make it impossible or impractical to fulfill contractual obligations. It also defines the rights and obligations of both parties when force majeure events occur, including the suspension of contractual obligations during the force majeure period. The New Hampshire Force Mature — Long-Form Provision typically includes explicit language identifying the specific events that qualify as force majeure events. These events can vary, but often include war, riots, strikes, civil unrest, acts of terrorism, embargoes, epidemics, acts of government, or any other event that is beyond the control of the parties and renders performance impossible or commercially impracticable. Furthermore, this provision may include requirements for notice and mitigation efforts by the affected party, ensuring that they promptly inform the other party of the occurrence of a force majeure event and take reasonable steps to minimize the impact of the event on their own performance. It is important to note that the New Hampshire Force Mature — Long-Form Provision is not a "one-size-fits-all" clause. Different types or variations of this provision may exist, depending on the specific industry or nature of the contract. For instance, a force majeure provision in a real estate contract may have different specifications compared to one in a technology services agreement. To ensure the enforceability and clarity of the New Hampshire Force Mature — Long-Form Provision, it is advisable for parties to seek legal counsel to draft or review the clause to accurately reflect their intentions and mitigate risks associated with force majeure events. In conclusion, the New Hampshire Force Mature — Long-Form Provision is a comprehensive clause that offers protection and guidance to contracting parties in scenarios where unforeseen events hinder their ability to perform contractual obligations. By precisely defining force majeure events and the parties' rights and obligations, this provision helps parties navigate through challenging circumstances while preserving the integrity of their contractual relationship.

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FAQ

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'.

A force majeure clause should include a desired result or outcome that may be relied upon by the party invoking the clause 20 21. The desired result or outcome may only be considered once a triggering event has occurred and it is impossible for a party to perform its contractual obligations under the contract 21 23.

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.

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.

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.

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.

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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Mar 24, 2020 — 4-Step Checklist and Flowchart to review and assess force majeure clauses. · STEP 1: Does COVID-19 trigger the force majeure clause? · STEP 2: ... Use this force majeure event letter template to efficiently notify contracting parties. [Download the full force majeure notification letter template and ...Under New Hampshire law, a force majeure clause in a contract will be construed in accordance with the rules of ordinary contract construction. Editor's Note: The three sample force majeure clauses below cover epidemics and pandemics, each addressing the ongoing Covid-19 pandemic in different ways. meet the requirements for a complete excuse under the agreement's force majeure provision. ... New Hampshire case law is scarce on the issue of force majeure. Mar 11, 2020 — A force majeure clause will usually include a list of qualifying events, such as natural disasters, acts of God, acts or threats of terrorism, ... When is contractual performance excused? We have attempted to review all U.S. cases involving force majeure disputes and similar common law defenses to ... Mar 12, 2020 — Its principal parts are the language excusing performance, a defined list of events that will permit the excused performance—i.e., the force ... Dec 7, 2021 — thereafter), the Party declaring the Force Majeure shall act to resume normal perfonnance of the affected Project Agreement or Purchase ... Mar 28, 2012 — Execution of Proposal Offer form signifies agreement to enter into a contract with the NHSLC ... o The NHSLC will electronically supply Warehouses ...

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New Hampshire Force Majeure - Long-Form Provision