FORCE MAJEURE

Other Names: Force Majeure Events • Unavoidable Delays • Excusable Delays

Sample Clause Language:

No Party shall be liable for any delay or failure of performance to the extent such delay or failure is caused by circumstances beyond its reasonable control and that by the exercise of due diligence it is unable to prevent, provided that the Party claiming excuse uses its [best] [diligent] [commercially reasonable] [good faith] efforts to overcome the same.  [Either Party desiring to rely upon the foregoing as an excuse for default or breach will, when the cause arises, give to the other Party prompt notice of the facts which constitute such cause; and, when the cause ceases to exist, give prompt notice thereof to the other Party.]

Source: Aptose Biosciences Inc. (2019, April 22). Form 10-K. Retrieved from SEC EDGAR website http://www.sec.gov/edgar.shtml


 

Description:

Force Majeure clauses excuse, delay, or suspend a party’s performance in the event such party’s performance is prevented or delayed by an event outside of its control. The sample clause here is drafted neutrally and applies mutually. “Force majeure” is defined generally as an event beyond a party’s control.

Common Contracts with this Clause:

  • Sale of Goods Agreements
  • Service Agreements
  • Licensing Agreements
  • Purchasing Agreements
  • Supply Agreements
  • Distribution Agreements
  • Strategic Partnership Agreements
  • Retailer Agreements
 

What you'll see with Lawgood:

Number of Positions Available:

Four (4) Alternative Positions

  • Mutual (General)
  • Mutual (Defined List)
  • Unilateral (General)
  • Unilateral (Defined List)

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