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.
Tennessee Force Majeure - Long-Form Provision
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US-ND2308
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FAQ
Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of [180] days, either the Authority or the Operator may give to the other a notice of termination.
An example would be if a flood occurs, and the construction company can no longer perform under the contract temporarily, the construction company must notify the other party that it cannot perform under the contract for the time being, which will cause a delay in the completion of the project.
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.
Prolonged Force Majeure means a condition in which a Force Majeure event has caused 50% or more of the Contracted Facility Capacity to be unavailable for dispatch for eighteen (18) consecutive months or more and is continuing.
In some documents, force majeure may apply to any breach of the agreement without limitation. However, many agreements provide for a limit or ?cap? on the period of time that a force majeure may apply, such as ninety days.
How Long Does Force Majeure Last? Force Majeure can last indefinitely; or it can be extremely short. Generally speaking, such events are typically limited to not exceed 30 days in contract language; however "not to exceed 90 days" is not out of out the ordinary.