This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Pennsylvania Force Mature Provisions — The UCC Model is a legal concept that provides protection to parties in commercial contracts in the event of unforeseen circumstances that prevent them from fulfilling their obligations. These provisions are based on the Uniform Commercial Code (UCC) model, which has been adopted by many states in the US, including Pennsylvania. Force majeure refers to events or circumstances that are beyond the control of the parties involved and cannot be reasonably anticipated or prevented. Such events may include natural disasters, acts of God, government actions, wars, strikes, and other unforeseeable events that make it impossible or commercially impracticable for a party to perform their contractual duties. Pennsylvania recognizes the importance of including force majeure provisions in commercial contracts to mitigate the risks associated with unforeseen events. These provisions allow parties to suspend or terminate their obligations under the contract for the duration of the force majeure event, without incurring any liability for non-performance. Different types of Pennsylvania Force Mature Provisions — The UCC Model that are commonly utilized in contracts include: 1. Broad Language Provisions: These provisions use broad and inclusive language to encompass a wide range of force majeure events. They aim to provide maximum protection by allowing parties to suspend their obligations for any event beyond their control that hinders performance. 2. Specific Event Provisions: Some contracts may include specific force majeure events tailored to the specific industry or circumstances. These provisions may list specific events or circumstances such as earthquakes, floods, or acts of terrorism that qualify as force majeure events. 3. Notice and Mitigation Provisions: Pennsylvania UCC model force majeure provisions often require the affected party to promptly notify the other party about the occurrence of the force majeure event. It may also require the affected party to take reasonable steps to mitigate the impact or consequences of the event. 4. Termination or Suspension Provisions: These provisions outline the rights and obligations of the parties in case of a force majeure event. They may specify whether the contract should be terminated or merely suspended until the event ceases, and how the parties should proceed once the event is resolved. Pennsylvania Force Mature Provisions — The UCC Model offers important safeguards for parties in commercial contracts, allowing them to address unforeseen events that may disrupt their ability to fulfill their contractual duties. Including these provisions in contracts helps protect the parties from liability for non-performance when faced with force majeure events beyond their control.
