This form provides a model boilerplate Force Majeure clause for contracts based on the Uniform Commercial Code (UCC).
Wisconsin Force Majeure Provisions - The UCC Model
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Multi-State
Control #:
US-ND1102
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Word;
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How to fill out Force Majeure Provisions - The UCC Model?
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FAQ
A force majeure clause includes three elements: It specifies the events which enable either party to declare a force majeure/act of God event. It states how a party should notify its counterparty about the occurrence. It describes the consequences after a force majeure event has occurred.
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: For the purposes of this contract, an event of ?force majeure? shall mean any strikes, work stoppages or other labor difficulties, fires, floods or other acts of God: acts of government or any subdivision or agency thereof; which are beyond the control of the party claiming the occurrence of a force ...
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.
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.
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.
Many force majeure provisions and the UCC specify when a party may terminate a contract if the other party's performance is delayed due to a force majeure. Under the UCC, this right arises ?where the prospective deficiency substantially impairs the value of the whole contract.?
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.
