Oakland Michigan Force Majeure - Long-Form Provision

State:
Multi-State
County:
Oakland
Control #:
US-ND2308
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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.

Oakland Michigan Force Mature — Long-Form Provision is a legal clause that addresses unforeseen circumstances or events that may prevent or delay the performance of contractual obligations in the Oakland County, Michigan area. This provision offers protection to contracting parties in case an extraordinary event occurs, making it impossible or impracticable to fulfill their duties. Keywords: Oakland Michigan, Force Mature, Long-Form Provision, unforeseen circumstances, contractual obligations, protection, extraordinary event, impossible, impracticable, duties, contractual parties, Oakland County. There can be various types of Oakland Michigan Force Mature — Long-Form Provision, including: 1. Natural Disasters: This type of provision covers events such as hurricanes, earthquakes, floods, or fires, which are beyond human control and could hinder contract performance. 2. Acts of God: This term refers to events caused by natural forces, such as extreme weather conditions, volcanic eruptions, or tsunamis, which make it impossible to carry out contractual obligations. 3. Epidemics and Pandemics: This provision encompasses situations where the outbreak or spread of diseases, like COVID-19, significantly affects the ability to fulfill contractual duties due to health and safety risks. 4. Government Actions: This type of force majeure provision accounts for situations where government orders, regulations, or laws prevent the parties from executing their contractual obligations, including instances like war, terrorism, or changes in legislation. 5. Labor Strikes and Unforeseen Labor Issues: This provision covers scenarios where strikes, lockouts, or other labor-related problems occur, rendering it impracticable to perform contractual duties due to a lack of workforce or disrupted labor conditions. 6. Supply Chain Disruptions: This provision protects parties in case of unexpected disruptions in the supply chain, such as transportation issues, embargoes, or manufacturing delays, which impact their ability to fulfill the contract terms. 7. Infrastructure Failures: This type of force majeure provision applies to situations where infrastructure breakdowns occur, like power outages, communication failures, or transportation network collapses, making it impossible or impracticable to perform contractually agreed tasks. 8. Acts of War or Terrorism: This provision addresses circumstances where military conflicts, acts of war, or terrorist activities disrupt or prohibit the parties from carrying out contractual obligations. Incorporating a comprehensive Oakland Michigan Force Mature — Long-Form Provision into contracts is crucial to safeguard the interests of both parties involved, providing clarity and protection from unforeseen events that may interfere with contractual obligations in the Oakland County, Michigan area. Consultation with legal experts is recommended to ensure the provision encompasses all relevant force majeure events and aligns with applicable laws and regulations.

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FAQ

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.

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.

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

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.

Examples of events that might trigger a force majeure clause into effect include a declaration of war, a disease epidemic, or a hurricane, earthquake, or other natural disaster events that fall under the legal term, act of God.

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.

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.

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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Oakland Michigan Force Majeure - Long-Form Provision