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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 events These may include earthquakes, floods, fire, plague, Acts of God (as defined in the contract or in applicable law) and other natural disasters. These are events which are not within the control of the Host Government.

There are four necessary components of a force majeure clause: It must define the breach for which a promisor seeks to be excused. It must define the force majeure event itself. It must require (and define) the causal connection between these two. It must explain what will happen if performance is excused.

Typically, a force majeure provision will NOT apply to an obligation to pay rent or an obligation to pay debt service. In the absence of a looming natural disaster or pandemic, force majeure clauses are sometimes treated as boilerplate language and the implications are easily overlooked.

A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force

Some clauses may allow you to delay performance until the defined event ends; other clauses might allow a party to cancel the contract altogether. Notwithstanding the far-reaching effects of the pandemic, many courts interpret force majeure clauses strictly.

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which causes are hereinafter referred to as Force Majeure), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic,

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Force majeure may, however, excuse those obligations.

Franklin Ohio Force Majeure Provisions - The UCC Model

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