Arkansas Force Majeure - Long-Form Provision

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Multi-State
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US-ND2308
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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.

In the state of Arkansas, the Force Mature — Long-Form Provision is an important clause included in contracts to protect parties from unforeseen events or circumstances that may hinder or delay the fulfillment of their obligations. This provision is particularly relevant during times of natural disasters, pandemics, wars, or any other events beyond the control of the parties involved. The Arkansas Force Mature — Long-Form Provision is designed to offer legal protection to parties if they cannot fulfill their contractual duties due to an event that is classified as force majeure or an "act of God." It recognizes that certain events are beyond the control of the parties and may make it impossible or impracticable for them to perform their contractual obligations. The provision typically outlines the specific events or circumstances that qualify as force majeure, such as earthquakes, fires, floods, hurricanes, epidemics, governmental actions, or other unforeseeable occurrences. It also includes a non-exhaustive list of such events to allow for flexibility in case of new or unique circumstances. When a force majeure event occurs, this provision protects the affected party from penalties or liabilities that may arise due to their inability to perform as required by the contract. It allows the parties to suspend their obligations until the force majeure event has ceased or its impact has diminished. It is important to note that force majeure events must meet a certain criterion to be valid under Arkansas law. Generally, events that are reasonably foreseeable or within the control or assumption of risk of a party may not qualify. However, the specific parameters may vary depending on the terms outlined in the contract. In Arkansas, there are not necessarily different types of Force Mature — Long-Form Provisions, but rather various ways in which this clause can be tailored to suit the needs of different contracts and industries. The language and scope of the provision may vary, depending on the specific circumstances and the parties' intentions. The inclusion of a well-defined and comprehensive Force Mature — Long-Form Provision is crucial in contracts to anticipate unexpected events that may impact a party's ability to fulfill their obligations. It provides parties with a mechanism to temporarily suspend or modify their contractual duties in the face of such events, minimizing disputes and potential legal liabilities. In conclusion, the Arkansas Force Mature — Long-Form Provision offers legal protection to parties in contracts, safeguarding them from unforeseen events or circumstances that may disrupt their ability to fulfill obligations. By including this provision, parties can effectively address force majeure events and ensure the smooth functioning of their contractual relationships.

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On [DATE] our manufacturing facility in [LOCATION] was severely damaged by [Hurricane, Storm, Electrical Fire, or Other Specific Cause Listed or Described as a Force Majeure Event in the Parties' Commercial Agreement], resulting in a [Complete; Partial] shutdown of the facility.

Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties' control.

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.

What is an example of a force majeure event? Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).

Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable. These concepts are defined and applied differently depending on the jurisdiction.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

If you have a family crisis, you have a right to limited time off work. This is called force majeure leave. You may need to take force majeure leave for an urgent family reason, such as the unexpected injury or illness of a 'close family member'.

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.

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May 25, 2020 — Most contracts have a “force majeure” clause, in which the parties agree to waive some or all responsibilities in light of unexpected activity ... Most contracts have a “force majeure” clause, in which the parties agree to waive some or all responsibilities in light of unexpected activity constricting a ...The sample is annotated with commentary from Bloomberg Law experts. [Download the full force majeure notification letter template and annotations as a PDF.]. not render a promise to complete the development of a property within a designated time to be illusory so long as the force majeure clause is triggered only. Mar 24, 2020 — The first step is to review the triggering events enumerated in the force majeure clause. Many force majeure clauses are triggered by an “act ... Arkansas courts construe force majeure clauses narrowly. Arkansas ... meet the requirements for a complete excuse under the agreement's force majeure provision. ... file with the Secretary of State on a form provided by the Secretary of State a disclosure of the type and amount of the contract or benefits received. The complete name and remittance address of the Vendor; Invoice Date; Invoice Number; Purchase Order Number; Itemized listing of purchases, to include a ... by AS Phelps · 2021 · Cited by 12 — When a force majeure clause includes a catchall phrase, a court would likely to apply the doctrine of ejusdem generis. P.J.M.. Declercq, Modern ... Some clauses specify the duration to one month or year, while other clauses excuse performance so long as the force majeure event inhibits performance.

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Arkansas Force Majeure - Long-Form Provision