Nebraska 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.

Nebraska Force Mature — Long-Form Provision is a contractual clause designed to address unforeseeable circumstances or events that may prevent one or both parties from fulfilling their obligations under an agreement. It is applicable in situations where performance becomes impossible or impracticable due to events beyond the reasonable control of the parties involved. In Nebraska, there are different types of Force Mature — Long-Form Provisions that can be included in contracts to provide specific guidance and protection. Some common types include: 1. Natural Disasters: This provision covers events like earthquakes, floods, hurricanes, or other natural calamities that may hinder the ability to perform the contract. 2. Government or Legal Intervention: This type of provision protects against situations where government actions, such as legislative changes, regulations, or executive orders, make it impossible or illegal to fulfill contractual obligations. 3. Labor Disputes: Force Mature clauses can also extend to include strikes, labor disputes, or other forms of labor unrest that may prevent the parties from meeting their obligations. 4. Acts of God: This provision encompasses events beyond human control, such as extreme weather conditions, pandemics, epidemics, or other widespread health emergencies that could disrupt normal operations. The Nebraska Force Mature — Long-Form Provision usually outlines the specific triggers under which the provision may be invoked and how it affects the parties' obligations. It often requires prompt notice of the force majeure event and may also require the parties to mitigate any damages. It is crucial to define in the contract what constitutes a force majeure event and whether it suspends or terminates the agreement. Additionally, parties may include provisions related to the allocation of risks, liability limitations, or potential remedies in case of force majeure events. Overall, the Nebraska Force Mature — Long-Form Provision acts as an important safeguard, allowing parties to navigate unforeseen circumstances that may arise during the course of their contractual obligations. By adequately addressing potential disruptions, it provides clarity, reduces risks, and helps maintain a fair and balanced contractual relationship between the involved parties.

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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 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.

A force majeure clause should include a desired result or outcome that may be relied upon by the party invoking the clause 20 21. The desired result or outcome may only be considered once a triggering event has occurred and it is impossible for a party to perform its contractual obligations under the contract 21 23.

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'.

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.

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.

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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by JH Robinson · Cited by 12 — The parties' integrated agreement contained no force majeure provision, much less one specifying the occurrence that defendant would now have treated as a force ... Mar 1, 2018 — The client learns that another supplier can fill the need but requires a long-term commitment. A carefully drafted clause anticipates this ...This memorandum provides guidance on Nebraska law with respect to invoking “force majeure” clauses in contracts in light of the ongoing COVID-19 crisis. Mar 24, 2020 — If a contract contains a force majeure clause, it will typically include language excusing or deferring performance upon the occurrence of ... The sample is annotated with commentary from Bloomberg Law experts. [Download the full force majeure notification letter template and annotations as a PDF.]. Apr 27, 2020 — 1 – citing Maralex Resources, Inc. v. Gilbreath, 76 P.3d 626 (N.M. 2003). If your loan or contract documents contain a force majeure clause, and ... Mar 23, 2020 — Typically, courts read force majeure clauses narrowly and require that the clause must unambiguously cover the triggering event for performance ... Sep 24, 2018 — A force majeure clause should always be tailored to your specific circumstances and contingencies that are possible with your business. It could ... meet the requirements for a complete excuse under the agreement's force majeure provision. ... Nebraska courts have not analyzed Notice requirements in force ... 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 ...

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Nebraska Force Majeure - Long-Form Provision