Force majeure is a legal term that refers to events or circumstances that are beyond the control of the parties involved in a contract, which could excuse them from performing their duties and responsibilities. A force majeure clause is a contractual provision that allows parties to renegotiate or cancel their agreements when unforeseeable events occur. In this article, we will take a closer look at the force majeure sample contract clause.
What is a Force Majeure Clause?
A force majeure clause is a provision that acts as a safety net to protect parties from the consequences of unforeseeable events. This clause typically includes a list of events that would trigger the force majeure provision, such as natural disasters, acts of war, or terrorist attacks, which are beyond the control of either party.
When a force majeure event occurs, the clause relieves the affected party from fulfilling its obligations under the contract. In some cases, the clause may also provide for a renegotiation period during which the parties may modify their obligations to reflect the changed circumstances.
Example of a Force Majeure Clause
A typical force majeure clause may look something like this:
“Neither party shall be liable for any failure or delay in performing its obligations under this agreement if such failure or delay is the result of any event outside its control, including but not limited to acts of God, acts of war, terrorism, civil unrest, pandemics, epidemics, or other similar events. The party affected by such an event shall promptly notify the other party in writing of its inability to perform its obligations under this agreement, and the parties shall work together to find a mutually acceptable solution.”
How to Draft a Force Majeure Clause
When drafting a force majeure clause, it is essential to consider the specific circumstances of the contract and anticipate potential events that could impact the parties` ability to perform their obligations. The clause should be drafted in clear and concise language that is easy to understand, and the list of events should be comprehensive enough to cover a range of scenarios.
It is also important to ensure that both parties are aware of their responsibilities and obligations under the clause. The clause should specify the notification procedures, the timeframe for notification, and the method of communication.
In addition, the clause should outline the consequences of triggering the force majeure provision, including any renegotiation or termination provisions.
In conclusion, a force majeure clause is a crucial provision in any contract, providing protection against unforeseeable events that could impact the parties` ability to fulfill their obligations. By including a comprehensive and well-drafted force majeure clause in a contract, parties can mitigate risk and ensure that they are protected in the event of unexpected circumstances.