This form provides boilerplate Force Majeure contract clauses that outline the consequences and contingencies that will apply under a contract agreement as a result of a Force Majeure event. Several different language options are included to suit individual needs and circumstances.
New Hampshire Force Mature Provisions — Consequences of a Force Mature Event: In commercial agreements and contracts, the inclusion of Force Mature provisions in New Hampshire provides critical protection for parties involved in unforeseen circumstances that prevent them from fulfilling contractual obligations. Force Mature, derived from French law, translates to "superior force" and refers to events beyond the control of the contracting parties. Such events may include natural disasters, wars, terrorism, pandemics, strikes, or other unforeseen events that make it impossible to fulfill contractual duties. Consequences of a Force Mature Event: 1. Exemption from performance: The primary consequence of a Force Mature event is that it allows the affected party to be temporarily excused from fulfilling their contractual obligations. This exemption from performance may ultimately prevent the party from being held liable for any delay or failure in fulfillment, provided the Force Mature event is validly invoked. 2. Suspension or extension of time: When a Force Mature event occurs, the affected party may often request a suspension or extension of time to fulfill their obligations. The duration of the suspension or extension will typically depend on the nature and duration of the event and its impact on the contract's performance. 3. Amendment or termination of the contract: In some cases, a Force Mature event can be severe enough to render the contract impossible to perform or frustrate the purpose of the agreement. In such instances, either party may seek to amend the contract's terms or invoke termination clauses, allowing them to discontinue the agreement without penalty. Types of New Hampshire Force Mature Provisions: 1. Specific Force Mature events: Contracts may specifically outline the types of events that qualify as Force Mature. These may include acts of God, government actions or regulations, natural disasters, war, epidemics, strikes, and other events deemed beyond reasonable control. 2. Catch-all Force Mature events: Alternatively, contracts may include catch-all language to encompass any unforeseen events that are beyond the parties' control but are not explicitly mentioned in the agreement. This provision aims to provide a broader scope of protection to the contracting parties. 3. Notice requirements: Force Mature provisions in New Hampshire contracts often require the party experiencing a Force Mature event to promptly notify the other party of the event's occurrence. Failure to provide timely notification can impact the affected party's ability to invoke the Force Mature provision and claim exemption from performance. 4. Mitigation duty: Some Force Mature provisions may include a requirement for the affected party to take reasonable steps to mitigate the impact of the event on their contractual obligations. This duty ensures that parties actively seek alternatives or minimize the consequences of the Force Mature event to the extent possible. In conclusion, New Hampshire Force Mature Provisions protect contracting parties from the consequences of unforeseen events that make fulfilling contractual obligations impossible or unjustifiable. Understanding the specific types and implications of Force Mature events in New Hampshire contracts is crucial for all parties involved in commercial agreements.
