This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
New York Force Majeure Provisions - The UCC Model
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Multi-State
Control #:
US-ND1102
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Word;
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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'.
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.
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 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.
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.
Many force majeure provisions and the UCC specify when a party may terminate a contract if the other party's performance is delayed due to a force majeure. Under the UCC, this right arises ?where the prospective deficiency substantially impairs the value of the whole contract.?
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.
What is an example of a force majeure event? Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).
