New York Force Majeure - Long-Form Provision

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Multi-State
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US-ND2308
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Description

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

Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties' control.

A "force majeure" clause (French for "superior force") is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.

Force Majeure Clauses Force majeure is the legal principle that allows for the termination of the contract or postponement of a party's obligations where events occur that were outside the control of the parties and makes complying with the contract impossible.

A force majeure clause is a contractual provision that relieves one or both of the parties of their performance obligations if circumstances beyond their control arise. Most often in residential real estate transactions, this clause is invoked to delay ? not cancel ? the closing process.

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.

Most contracts, including ones involving real estate, contain a force majeure or ?act of God? provision. The purpose of this clause is to excuse one of the parties from the obligation outlined in the agreement if something occurs that cannot be reasonably anticipated.

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.

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New York Force Majeure - Long-Form Provision