Mecklenburg North Carolina Force Majeure - Long-Form Provision

State:
Multi-State
County:
Mecklenburg
Control #:
US-ND2308
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Word; 
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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.

Mecklenburg North Carolina Force Mature — Long-Form Provision is a legal clause that is included in contracts to protect parties from unforeseen circumstances or events that may prevent them from fulfilling their obligations under the contract. This provision excuses a party from performance or delays in performance when events that are beyond their control occur. The Mecklenburg North Carolina Force Mature — Long-Form Provision is crucial for businesses and individuals entering into contracts, as it provides a level of contractual protection against situations that are beyond their control. It allows parties to be excused from their contractual obligations if they are unable to perform due to events such as natural disasters, war, terrorism, government actions, labor strikes, and other events deemed force majeure. In Mecklenburg North Carolina, there are different types of Force Mature — Long-Form Provisions that can be included in contracts. Some common types include: 1. Natural Disaster Force Mature: This provision addresses situations such as hurricanes, floods, earthquakes, and wildfires, acknowledging that these events can make it impossible or impracticable for parties to fulfill their contractual obligations. 2. Government Action Force Mature: This provision covers situations where government actions, such as changes in laws, regulations, or orders, make it impossible or illegal for parties to perform their obligations under the contract. 3. Labor Strike Force Mature: This provision accounts for situations where labor strikes or other forms of labor disputes prevent parties from fulfilling their contractual obligations. It recognizes that parties may not have control over such events and provides protection against liability. 4. War and Terrorism Force Mature: This provision addresses situations where wars, acts of terrorism, civil unrest, or political instability prevent parties from performing their contractual obligations. It acknowledges that such events can drastically affect the ability to fulfill contractual obligations. It is important to note that the specific terms and conditions of the Force Mature — Long-Form Provisions may vary depending on the contract and the preferences of the parties involved. Consulting with a legal professional is highly recommended ensuring that the provision adequately covers the desired scope of force majeure events and the related consequences for non-performance or delay.

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FAQ

Not only must a court find that the COVID-19 pandemic was intended by both parties, at the time the contract was executed, to fall under one of the categories listed in the adopted force majeure clause, but the pandemic must also render performance by one of the parties impracticable or impossible after reviewing the

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

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 does not formally end until performance is no longer affected in the way described in the force majeure clause. For example, if the clause requires performance to be prevented or hindered, force majeure does not end until performance is no longer prevented or hindered.

A force majeure clause allocates the risk of loss if performance is hindered, delayed, or prevented because of an event that the parties could not have anticipated or controlled. It provides a contractual defense, the scope and effect of which will depend on the express terms of a particular contract.

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.

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.

An example of an operative clause is: " . 1 Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure.

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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Mecklenburg North Carolina Force Majeure - Long-Form Provision