This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Arkansas Force Mature Provisions — The UCC Model is a legal framework that addresses unforeseen circumstances that may disrupt contractual obligations or hinder the performance of a contract. These provisions are essential in safeguarding parties from liabilities that may arise due to uncontrollable events. Force majeure provisions are commonly found in commercial contracts and serve as a defense mechanism for parties facing unexpected events beyond their control. In Arkansas, the Uniform Commercial Code (UCC) serves as a model for force majeure provisions, providing a standardized approach to address such situations. Under Arkansas law, force majeure provisions under the UCC Model encompass a range of situations that may qualify as force majeure events. These events typically include natural disasters, acts of God, war, government actions, strikes, riots, or similar occurrences that render contract performance impossible or impracticable. There are various types of force majeure provisions recognized within the Arkansas UCC Model. These variations depend on the specific needs and circumstances of the contracting parties. Some commonly observed types include: 1. Broad Force Mature Provision: This type of provision covers a wide range of unforeseeable events that may prevent or delay contract performance. It provides a broad scope of protection to the parties involved. 2. Specific Force Mature Provision: Unlike the broad provision, this type specifies particular scenarios that will be considered force majeure events. Contracts may list examples such as pandemics, acts of terrorism, or government regulations as qualifying events. 3. Excusable Delay Provision: Sometimes, parties may opt for an excusable delay provision, which grants relief from performance obligations but does not necessarily suspend or terminate the contract. This provision allows for a temporary delay without penalty or termination consequences. 4. No-fault Termination Provision: In certain circumstances, parties may include a provision that allows for contract termination without fault or liability if a force majeure event persists for an extended period. This provision safeguards parties from prolonged disruptions that may render contract performance futile. Arkansas Force Mature Provisions — The UCC Model enables the contracting parties to negotiate and establish mutually agreeable terms to handle unforeseen risks in a fair and balanced manner. These provisions provide remedies, such as suspension of obligations, extension of time for performance, or even termination of the contract under exceptional circumstances. It is crucial for parties to consult legal professionals when drafting or negotiating force majeure provisions to ensure clarity, enforceability, and alignment with Arkansas law.
