This form provides boilerplate Force Majeure contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of a Force Majeure event. Several different language options are included to suit individual needs and circumstances.
Force Majeure Provisions - Consequences of a Force Majeure Event
Category:
State:
Multi-State
Control #:
US-ND1106
Format:
Word;
PDF
Instant download
Description
Definition and meaning
A Force Majeure Event refers to an unforeseen event that prevents a party from fulfilling their contractual obligations. Common examples include natural disasters, war, terrorism, and pandemics. These events are outside the control of the affected party and may significantly disrupt their ability to perform work as outlined in a contract.
Who should use this form
This form is essential for parties involved in contractual agreements where the possibility of unforeseen events might impact performance. Businesses, contractors, suppliers, and service providers should consider using this form to outline the terms and implications of Force Majeure Events, protecting themselves from liabilities that arise from circumstances beyond their control.
Key components of the form
The key components typically included in the Force Majeure Provisions are:
- Definition of Force Majeure Events
- Obligations of the affected party
- Negotiation requirements for contract adjustments
- Payment obligations during a Force Majeure Event
- Termination clauses after prolonged suspension of performance
Legal use and context
In legal contexts, Force Majeure Provisions are commonly found in contracts across many industries, including construction, sales, and service agreements. These provisions clarify the responsibilities of each party in the event of a Force Majeure Event, thereby reducing potential litigation and disputes. It's important for all parties to fully understand these provisions to navigate their contractual obligations effectively.
Common mistakes to avoid when using this form
When using this form, parties should avoid the following common mistakes:
- Not clearly defining what constitutes a Force Majeure Event
- Failing to articulate obligations during a Force Majeure Event
- Ignoring payment terms that outline obligations during such events
- Neglecting to specify the notice requirements for invoking the provision
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