Illinois Force Majeure - Long-Form Provision

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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.

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FAQ

How Long Does Force Majeure Last? Force Majeure can last indefinitely; or it can be extremely short. Generally speaking, such events are typically limited to not exceed 30 days in contract language; however "not to exceed 90 days" is not out of out the ordinary.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

Force majeure is a contract law concept in Illinois. A force majeure clause is a contract provision that excuses a party's performance of its obligations under the contract when certain usually express circumstances arise beyond the party's control.

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 does not formally end until performance is no longer affected in the way described in the force majeure clause. For example, if the clause requires performance to be ?prevented or hindered?, force majeure does not end until performance is no longer prevented or hindered.

Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.

In the case of Force Majeure Event, the Waiting Period is eight Local Business Days (or days that would have been Local Business Days but for the occurrence of the relevant event or circumstance) following the occurrence of the event or circumstance.

Parties often include terms in a contract excusing performance if certain unforeseen circumstances occur. Such provisions, commonly known as force majeure clauses, can relieve a party from contractual liability upon the occurrence of a stipulated event.

If any Force Majeure continues unabated for a period of at least ninety (90) days, the Parties shall meet to discuss in good faith what actions to take or what modifications should be made to this Agreement as a consequence of such Force Majeure in order to alleviate its consequences on the affected Party.

What are the three elements of force majeure? In general, for an event to trigger a force majeure clause, it must be unforeseeable, external to the parties of the contract, and serious enough that it renders it impossible for the party to perform its contractual obligations.

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Illinois Force Majeure - Long-Form Provision