This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Rhode Island Force Mature Provisions — The UCC Model: The Rhode Island Force Mature Provisions — The UCC Model refers to a set of legal provisions incorporated within the Uniform Commercial Code (UCC) in Rhode Island. These provisions provide a framework for parties involved in commercial transactions to address unforeseen circumstances or events that may hinder or delay the performance of the contractual obligations. Force majeure clauses are designed to allocate risks between parties and protect them from liability in situations where the performance of a contract becomes impossible or impracticable due to events beyond their control, commonly referred to as "acts of God" or unforeseeable events. In Rhode Island, the UCC Model offers various types of Force Mature Provisions, including but not limited to: 1. General Force Mature Provision: This provision acknowledges that performance may be excused or delayed if an unforeseen event occurs, making performance impracticable or impossible. Common events covered include natural disasters, war, strikes, government regulations, and other occurrences outside the control of the contracting parties. 2. Pandemic or Epidemic Provision: This provision specifically addresses situations arising from pandemics or epidemics, such as the COVID-19 outbreak. It allows parties to suspend or modify their contractual obligations if the pandemic significantly affects their ability to perform. 3. Act of God Provision: This provision encompasses events caused exclusively by natural forces, such as earthquakes, hurricanes, floods, wildfires, or extreme weather conditions. Parties can invoke this provision to excuse or delay performance under such circumstances. 4. Force Mature Specific to Government Actions: This provision covers instances where government regulations, orders, or actions inhibit the performance of contractual obligations. It may include scenarios like changes in import/export laws, trade embargoes, or sudden regulatory restrictions. 5. Terrorism or Civil Unrest Provision: This provision addresses force majeure situations that arise due to terrorist acts or civil unrest, such as riots, protests, or political instability. It allows parties to suspend or modify their obligations if such events impede performance. It is worth noting that the specific Force Mature Provisions may vary in their exact language and scope, depending on the terms agreed upon by the contracting parties. Furthermore, it is essential for businesses and individuals engaging in commercial transactions to carefully review and negotiate these provisions to ensure they align with their specific needs and circumstances.
