This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Georgia Force Mature Provisions — The UCC Model is a legal concept that provides protection for parties in a contract when unforeseen circumstances arise that prevent them from fulfilling their contractual obligations. The term "force majeure" refers to an event that is beyond the control of the parties and could not be reasonably anticipated. In Georgia, the Uniform Commercial Code (UCC) Model governs force majeure provisions. The UCC is a set of laws that regulate commercial transactions and is widely adopted by many states in the United States, including Georgia. Force majeure provisions based on the UCC Model aim to allocate risks and liabilities in certain situations and offer relief to parties affected by extraordinary events that render contract performance impossible or impracticable. There are two primary types of Georgia Force Mature Provisions — The UCC Model: 1. Excuse for Non-Performance: This provision allows parties to be excused from fulfilling their contractual obligations if an unforeseen event occurs that makes performance impossible. Common examples of events that may trigger this provision include natural disasters, wars, strikes, or government actions. However, it is essential to note that the provision does not automatically excuse non-performance; it depends on the specific language and circumstances of the contract. 2. Time Extensions and Modifications: This provision grants parties the ability to modify contractual deadlines or extend the time for performance when a force majeure event occurs. For instance, if a construction project is delayed due to extreme weather conditions, the parties may agree to extend the project's completion date without being in breach of the contract. It is crucial for parties entering into contracts in Georgia to include well-drafted force majeure provisions based on the UCC Model. These provisions should clearly define what events will trigger the provision, how the parties' obligations will be affected, and the steps required to seek relief. Additionally, parties should consider including a notice requirement to promptly inform each other about the occurrence of a force majeure event. Overall, Georgia Force Mature Provisions — The UCC Model provide legal protection and flexibility to contracting parties facing unforeseen events that may hinder or delay contract performance. By including these provisions in contracts, businesses can proactively address potential disruptions and avoid unnecessary disputes.
