This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
New Mexico Force Mature Provisions — The UCC Model: Explained In New Mexico, Force Mature Provisions are crucial elements within contractual agreements that protect parties from unforeseen circumstances or events beyond their control. The Uniform Commercial Code (UCC) Model provides a standardized framework for incorporating such provisions into legally binding contracts. Let's delve into the details of what these provisions entail and the different types that exist within the New Mexico context. Force Mature Provisions aim to mitigate the impact of uncontrollable events that may prevent parties from fulfilling their contractual obligations. These provisions are commonly found in contracts involving the purchase, sale, or lease of goods and other commercial transactions. When invoking force majeure, parties may seek relief from liability or seek a suspension or modification of their contractual obligations. The New Mexico UCC Model offers several variations of Force Mature Provisions tailored to different circumstances. Here are some types commonly encountered: 1. Natural Disasters: This type of provision covers events such as hurricanes, earthquakes, floods, and wildfires. If a party's ability to perform becomes impossible or excessively burdensome due to a natural disaster in the designated area, they may invoke this provision. 2. Acts of God: Acts of God refer to events caused by natural forces beyond human control, like tornadoes, lightning strikes, or severe storms. This provision protects parties when such forces hinder or prevent fulfillment of contractual obligations. 3. War and Terrorism: In situations involving war, acts of terrorism, or civil unrest, this provision safeguards parties by allowing them to seek relief from contractual obligations due to the unpredictable and disruptive nature of these events. 4. Pandemics and Epidemics: A more recent addition, this provision addresses circumstances arising from widespread illnesses or contagious diseases, including the COVID-19 pandemic. Parties may invoke this provision when such events significantly impact their ability to perform. 5. Government Actions: This provision encompasses actions taken by governmental authorities, including laws, regulations, or orders that impede contract performance. It offers relief when compliance with government mandates becomes impossible or impractical. It is important to note that the specifics and language of these provisions may vary from contract to contract. Parties should carefully review and negotiate the terms, including the scope of force majeure events covered, notice requirements, and the consequences for invoking such provisions. By incorporating New Mexico Force Mature Provisions — The UCC Model into contracts, parties can protect themselves from unforeseen and unpreventable events that could disrupt their ability to perform obligations. Whether facing natural disasters, acts of God, pandemics, government actions, or other exceptional circumstances, these provisions provide a safety net to maintain fairness and mitigate the impact of uncontrollable events on contractual relationships.New Mexico Force Mature Provisions — The UCC Model: Explained In New Mexico, Force Mature Provisions are crucial elements within contractual agreements that protect parties from unforeseen circumstances or events beyond their control. The Uniform Commercial Code (UCC) Model provides a standardized framework for incorporating such provisions into legally binding contracts. Let's delve into the details of what these provisions entail and the different types that exist within the New Mexico context. Force Mature Provisions aim to mitigate the impact of uncontrollable events that may prevent parties from fulfilling their contractual obligations. These provisions are commonly found in contracts involving the purchase, sale, or lease of goods and other commercial transactions. When invoking force majeure, parties may seek relief from liability or seek a suspension or modification of their contractual obligations. The New Mexico UCC Model offers several variations of Force Mature Provisions tailored to different circumstances. Here are some types commonly encountered: 1. Natural Disasters: This type of provision covers events such as hurricanes, earthquakes, floods, and wildfires. If a party's ability to perform becomes impossible or excessively burdensome due to a natural disaster in the designated area, they may invoke this provision. 2. Acts of God: Acts of God refer to events caused by natural forces beyond human control, like tornadoes, lightning strikes, or severe storms. This provision protects parties when such forces hinder or prevent fulfillment of contractual obligations. 3. War and Terrorism: In situations involving war, acts of terrorism, or civil unrest, this provision safeguards parties by allowing them to seek relief from contractual obligations due to the unpredictable and disruptive nature of these events. 4. Pandemics and Epidemics: A more recent addition, this provision addresses circumstances arising from widespread illnesses or contagious diseases, including the COVID-19 pandemic. Parties may invoke this provision when such events significantly impact their ability to perform. 5. Government Actions: This provision encompasses actions taken by governmental authorities, including laws, regulations, or orders that impede contract performance. It offers relief when compliance with government mandates becomes impossible or impractical. It is important to note that the specifics and language of these provisions may vary from contract to contract. Parties should carefully review and negotiate the terms, including the scope of force majeure events covered, notice requirements, and the consequences for invoking such provisions. By incorporating New Mexico Force Mature Provisions — The UCC Model into contracts, parties can protect themselves from unforeseen and unpreventable events that could disrupt their ability to perform obligations. Whether facing natural disasters, acts of God, pandemics, government actions, or other exceptional circumstances, these provisions provide a safety net to maintain fairness and mitigate the impact of uncontrollable events on contractual relationships.
