Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, “act of God.”
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.
Parties seeking to rely on force majeure are required to show and evidence (i) that the event is unforeseeable and inevitable; (ii) that the event is out of the risks and liabilities under the contract; and (iii) the impact of such event on the performance of their obligations.
If a contract is silent on force majeure or if the event does not meet the definition of force majeure under the parties' contract, a party's performance may still be excused in certain circumstances under the doctrine of commercial impracticability.
A typical force majeure clause reads something along the lines of: Neither party shall be in breach of this agreement or otherwise liable for any failure to fulfill its obligations if such failure results from events, circumstances or causes beyond its reasonable control.
Re: Notice of Force Majeure As you may know, IDENTIFY THE FORCE MAJEURE EVENT. We are writing to notify you that, following our best efforts to remain fully operational during this time, we have no choice but to invoke force majeure, pursuant to section/clause/article ___ of the Contract.
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Natural Force Majeure Event.
Unexpected and often unwanted: Due to unforeseen circumstances, tonight's performance has been canceled.