New Hampshire Force Majeure Provisions - Consequences of a Force Majeure Event

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US-ND1106
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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.

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FAQ

Force majeure is a clause that is included in contracts to remove liability for unforeseeable and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations. These clauses generally cover both natural disasters and catastrophes created by humans. What Is a Force Majeure Contract Clause, and How Does It ... Investopedia ? ... ? Business Jargon Investopedia ? ... ? Business Jargon

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. Principle VI.3 - Force majeure - Trans-Lex.org trans-lex.org ? force-majeure trans-lex.org ? force-majeure

The intent of a force majeure clause is to relieve a nonperforming party from liability when performance is prevented by circumstances beyond the party's control, such as natural disasters, war, acts of terrorism, civil unrest, pandemics and/or quarantines, and strikes. Commercial, Clause Description - Miscellaneous: Force Majeure bloomberglaw.com ? external ? document bloomberglaw.com ? external ? document

For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical. Force majeure - Wikipedia wikipedia.org ? wiki ? Force_majeure wikipedia.org ? wiki ? Force_majeure

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.

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.

Common consequences are that parties agree to suspend performance or excuse liability for non-performance. Sometimes though they may simply require the parties to find alternative arrangements as may be fair, reasonable and practicable.

Comment: Typical Force Majeure events include natural causes (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), infrastructure failures (transportation, energy), etc.

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New Hampshire Force Majeure Provisions - Consequences of a Force Majeure Event