New York Force Majeure - Long-Form Provision

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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.

The New York Force Mature — Long-Form Provision is a legal clause that is often included in contracts to address unforeseen events or circumstances beyond the control of the parties involved. It essentially allows for the suspension or termination of contractual obligations when such events occur, rendering performance impracticable or impossible. In New York, the Force Mature provision is typically used to protect parties from liability or breach of contract when events like natural disasters, wars, terrorism, government actions, or other uncontrollable occurrences prevent them from fulfilling their contractual obligations. This provision explicitly outlines the types of events that qualify as force majeure, ensuring clear communication and mutual understanding between the parties. While the specific wording may vary, some commonly included events in the New York Force Mature — Long-Form Provision are: 1. Acts of God: Events caused by natural forces beyond human control, such as hurricanes, earthquakes, floods, or wildfires. 2. War or Acts of Terrorism: Armed conflicts, hostilities, or acts of terrorism that disrupt normal business operations. 3. Government Actions: Regulations, laws, or orders imposed by governmental authorities that directly impact the contract's performance. These could include emergency measures, quarantines, or travel restrictions. 4. Labor Disputes or Strikes: Strikes, labor actions, or other forms of work stoppages that affect the ability to carry out contractual obligations. 5. Epidemics or Pandemics: Widespread outbreaks of infectious diseases that disrupt normal business operations and restrict individuals' movement or gathering. 6. Supply Chain Disruptions: Unexpected disruptions in the supply chain, such as transportation delays, manufacturing shutdowns, or material shortages. It is important to note that these examples are not exhaustive, and the specific events that constitute force majeure can vary depending on the contract and the parties involved. Additionally, it is crucial to define timeframes and conditions under which the force majeure provision can be triggered, the notice requirements, and the potential remedies available to the affected party, such as suspension of performance, termination, or extensions of deadlines. Overall, the New York Force Mature — Long-Form Provision provides contractual protection against unforeseen circumstances that may hinder or prevent the fulfillment of contractual obligations, allowing parties to allocate risks and safeguard their interests during challenging times.

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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.

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.

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.

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.

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.

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.

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.

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.

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Mar 24, 2020 — STEP 1: · STEP 2: What is the standard of performance? · STEP 3: When must notice be given? · STEP 4: Are there requirements for the form of notice ... 1) Check your contract's governing law ... a) This note focuses on New York law-governed contracts, where the actual language used in the contract is what ...Apr 28, 2023 — Make Application Mutual – The benefit of excusing performance due to force majeure should apply to both parties. Sometimes an agreement may only ... Mar 16, 2020 — To the extent an agreement includes a force majeure clause, it will generally operate to relieve one or both parties of some or all of their ... Apr 1, 2020 — Once it does apply, one must keep in mind that New York courts have generally held that force majeure provisions should be interpreted narrowly. The first sample clause includes epidemics and pandemics and includes the Covid-19 pandemic within the scope of force majeure events. The second sample clause ... Oct 20, 2022 — Its purpose is to prevent the parties involved in a contract from fulfilling their obligations under specific circumstances created by force ... Force majeure is a contract clause that removes liability for catastrophic, unforeseen events that prevent participants from fulfilling obligations. by JA Trenor · 2011 · Cited by 6 — This article addresses some of the contractual issues that companies are facing in deciding whether force majeure or other clauses in their contracts – or other ... Mar 1, 2018 — The client learns that another supplier can fill the need but requires a long-term commitment. A carefully drafted clause anticipates this ...

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New York Force Majeure - Long-Form Provision