Force majeure event clause: Copy, customize, and use instantly
Introduction
A force majeure event clause addresses situations where unforeseen and uncontrollable events prevent one or both parties from fulfilling their contractual obligations. These events, such as natural disasters, government actions, wars, or other extraordinary occurrences, may excuse a party from liability for non-performance or delay. This clause ensures that both parties have clarity on their rights and obligations in the face of such events.
Below are templates for force majeure event clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard force majeure event clause
This version provides a general framework for force majeure events.
Neither Party shall be held liable for any delay or failure in performance under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, wars, riots, government actions, or other unforeseen events (each a "Force Majeure Event"). If a Force Majeure Event occurs, the affected Party shall promptly notify the other Party in writing and make reasonable efforts to resume performance as soon as possible.
Force majeure event clause with provision for extended delays
This version allows for extended delays.
If a Force Majeure Event causes a delay in performance under this Agreement, the time for performance shall be extended for a period equal to the duration of the delay caused by such event. If the delay continues for more than [X] days, either Party may terminate this Agreement without liability.
Force majeure event clause with provision for termination
This version includes termination rights.
In the event of a Force Majeure Event, either Party may suspend performance for a period of up to [X] days. If the Force Majeure Event persists beyond this period, either Party may terminate this Agreement without penalty or further obligation, provided that written notice of termination is given.
Force majeure event clause with provision for mitigation
This version includes a provision for mitigation.
In the event of a Force Majeure Event, the affected Party shall take all reasonable steps to mitigate the impact of the event on its performance under this Agreement and resume performance as soon as practicable. The Party claiming the Force Majeure Event shall provide prompt written notice to the other Party detailing the nature of the event and its expected duration.
Force majeure event clause with provision for temporary suspension
This version allows for temporary suspension of performance.
Neither Party shall be liable for non-performance or delay due to a Force Majeure Event. If such an event occurs, performance under this Agreement will be temporarily suspended for the duration of the Force Majeure Event. The affected Party shall notify the other Party as soon as possible and make efforts to resume performance once the event has ended.
Force majeure event clause with provision for communication and documentation of event
This version includes notification and documentation.
In the event of a Force Majeure Event, the Party affected by such an event must immediately notify the other Party in writing, providing a description of the event and an estimate of the time needed to resume performance. The affected Party shall provide documentation of the event upon request.
Force majeure event clause with provision for non-excusable events
This version clarifies which events are not excusable.
A Force Majeure Event shall not include events that could have been reasonably foreseen and avoided through ordinary diligence, including but not limited to failure to maintain necessary equipment or systems, financial instability, or delays due to internal operational matters.
Force majeure event clause with provision for mitigation of impact
This version includes a requirement for mitigation.
The Party affected by a Force Majeure Event shall take all reasonable steps to mitigate the impact of the event and resume performance under this Agreement as soon as possible. Failure to take reasonable mitigation steps may result in the affected Party being held liable for damages arising from the delay.
Force majeure event clause with provision for extension of deadlines
This version includes extensions of deadlines.
In the event of a Force Majeure Event, the deadline for performance shall be automatically extended by the duration of the event. Both Parties shall cooperate in determining the revised deadlines and ensure that all obligations are completed as soon as possible after the Force Majeure Event ends.
Force majeure event clause with provision for affected Party's obligations
This version outlines the affected Party's obligations.
If a Force Majeure Event occurs, the affected Party shall not be held responsible for failing to meet its obligations under this Agreement for the duration of the event. The affected Party shall promptly notify the other Party and work to minimize the impact on the Agreement.
Force majeure event clause with provision for ongoing notification requirements
This version requires ongoing notifications.
The Party affected by a Force Majeure Event shall notify the other Party immediately and provide regular updates on the event's impact and expected resolution. The Parties shall work together to agree on necessary adjustments to deadlines or deliverables.
Force majeure event clause with provision for termination after prolonged delays
This version allows for termination after prolonged delays.
If a Force Majeure Event prevents the performance of the Agreement for more than [X] days, either Party may terminate this Agreement by providing written notice to the other Party. In the event of termination, neither Party shall be liable for any further obligations under the Agreement.
Force majeure event clause with provision for force majeure at both parties' locations
This version includes force majeure at both parties' locations.
A Force Majeure Event includes events that affect either Party’s location, including natural disasters, government actions, or interruptions in transportation. If a Force Majeure Event occurs at either Party's location, the affected Party must promptly notify the other and make efforts to resolve the issue.
Force majeure event clause with provision for cooperation during the event
This version emphasizes cooperation.
In the event of a Force Majeure Event, both Parties shall cooperate to the fullest extent possible to minimize the impact on the performance of this Agreement. Each Party agrees to make reasonable efforts to continue fulfilling obligations despite the event and provide necessary resources where applicable.
Force majeure event clause with provision for review of obligations
This version includes a review of obligations.
The Parties agree to review their respective obligations under this Agreement in the event of a Force Majeure Event. The review will ensure that the scope of work and deadlines are adjusted as necessary to reflect the impact of the event and its duration.
Force majeure event clause with provision for third-party interference
This version covers third-party interference.
In the event that a Force Majeure Event is caused by third-party interference, such as strikes, labor disputes, or governmental restrictions, the affected Party shall promptly inform the other Party and provide details regarding the third-party involvement and its expected impact on the Agreement.
Force majeure event clause with provision for termination due to extended disruption
This version allows termination for extended disruption.
If a Force Majeure Event causes a continuous disruption of services for more than [X] days, either Party may terminate this Agreement without penalty by providing [X] days written notice. Upon termination, the Parties will mutually agree on any remaining obligations or liabilities.
Force majeure event clause with provision for recovery of costs during force majeure
This version includes cost recovery provisions.
The Party affected by a Force Majeure Event shall not be required to pay for performance delays caused by such an event. However, if either Party incurs additional costs due to the delay, such costs may be recovered through an adjustment to the overall Agreement price upon mutual agreement.
Force majeure event clause with provision for suspension and resumption of performance
This version includes suspension and resumption procedures.
In the event of a Force Majeure Event, the Parties agree that performance of the Agreement will be suspended for the duration of the event. Once the Force Majeure Event has ended, performance will resume promptly, with the Parties agreeing to new timelines and conditions where necessary.
Force majeure event clause with provision for reliance on insurance coverage
This version addresses insurance coverage.
The Party affected by a Force Majeure Event is encouraged to rely on any relevant insurance coverage for losses arising from such events. The Parties will discuss how insurance may be used to mitigate any impact on the Agreement and share any documentation of claims filed.
Force majeure event clause with provision for bilateral agreement on force majeure definitions
This version includes bilateral agreement on definitions.
The Parties shall agree on what constitutes a Force Majeure Event under this Agreement. This will include but is not limited to acts of war, natural disasters, governmental restrictions, and any unforeseen event beyond the control of either Party that impacts the performance of obligations.
Force majeure event clause with provision for no liability for delayed performance
This version clarifies no liability for delayed performance.
In the event of a Force Majeure Event, the Party affected by the event shall not be liable for any delays in performance. The affected Party will notify the other Party as soon as possible and make every effort to resume performance after the event concludes.
Force majeure event clause with provision for determination of event duration
This version involves determining event duration.
The Party affected by a Force Majeure Event shall provide an estimate of the event's duration and notify the other Party of any changes to the expected timeline. If the event exceeds [X] days, both Parties will discuss the next steps and may mutually agree on a course of action, including contract termination.
Force majeure event clause with provision for force majeure events being predefined
This version predefines specific force majeure events.
The Parties agree that the following events shall constitute Force Majeure Events under this Agreement: natural disasters, fire, floods, war, riots, pandemics, governmental actions, and labor strikes. In the event of such an occurrence, the affected Party will promptly notify the other Party of the delay and its expected duration.
Force majeure event clause with provision for mutual acknowledgment of impact
This version requires mutual acknowledgment.
In the event of a Force Majeure Event, the affected Party shall notify the other Party promptly. Both Parties agree to work collaboratively to assess the impact of the event and determine whether the performance obligations need to be adjusted accordingly.
Force majeure event clause with provision for adjustment of deliverables
This version allows for adjusted deliverables.
If a Force Majeure Event causes a delay in performance under this Agreement, the Parties agree to adjust the deliverables and timelines accordingly. Both Parties shall agree to revised deadlines, and any obligations not fulfilled due to the Force Majeure Event will be rescheduled.
Force majeure event clause with provision for party's best efforts to mitigate delay
This version emphasizes best efforts to mitigate delay.
The Party affected by a Force Majeure Event shall make all reasonable efforts to mitigate the delay caused by the event. The affected Party shall promptly inform the other Party of the event and take appropriate action to minimize the impact on performance under the Agreement.
Force majeure event clause with provision for specific governmental restrictions
This version includes specific governmental restrictions.
A Force Majeure Event shall include any actions or restrictions imposed by a government authority that directly affect the performance of this Agreement. Such actions may include the imposition of tariffs, export bans, or lockdowns. The affected Party must notify the other Party immediately if a governmental restriction occurs.
Force majeure event clause with provision for force majeure not affecting payment obligations
This version clarifies payment obligations.
A Force Majeure Event shall not excuse the obligation of either Party to make payments due under this Agreement. Payment obligations will remain in effect regardless of any Force Majeure Event unless otherwise agreed by both Parties.
Force majeure event clause with provision for third-party provider delays
This version includes third-party provider delays.
If a third-party provider causes delays in meeting the obligations under this Agreement due to a Force Majeure Event, the affected Party shall notify the other Party immediately. The Parties will work together to address the issue and adjust deadlines or performance requirements as necessary.
Force majeure event clause with provision for specific force majeure notification period
This version sets a notification period.
In the event of a Force Majeure Event, the affected Party shall notify the other Party in writing within [X] days of the occurrence of the event. Failure to provide timely notice may result in the loss of the right to claim Force Majeure status for the event.
Force majeure event clause with provision for replacement of a non-performing party
This version allows for replacement.
If a Force Majeure Event prevents a Party from fulfilling its obligations under this Agreement for an extended period of time, the non-performing Party shall, at the request of the other Party, take reasonable steps to find a replacement or alternative means of performance that allows the Agreement to continue.
Force majeure event clause with provision for refund of deposits in case of extended delays
This version includes refund provisions.
If a Force Majeure Event causes an extended delay of more than [X] days, the Party affected by the delay may be entitled to a full refund of any deposits made under the Agreement. The refund shall be issued within [X] days after the Force Majeure Event has ended.
Force majeure event clause with provision for automatic suspension of obligations
This version automatically suspends obligations.
If a Force Majeure Event occurs, the performance of obligations under this Agreement will be automatically suspended for the duration of the event. Upon the cessation of the Force Majeure Event, the Parties will agree on a revised timeline to fulfill the remaining obligations.
Force majeure event clause with provision for shared responsibility during event
This version includes shared responsibility.
During a Force Majeure Event, both Parties shall share responsibility for mitigating the effects of the event. Each Party agrees to take reasonable actions to continue fulfilling their obligations to the extent possible and will collaborate to resolve any delays caused by the event.
Force majeure event clause with provision for automatic contract extension
This version provides for an automatic extension.
If a Force Majeure Event occurs, the term of this Agreement shall automatically be extended for a period equivalent to the duration of the Force Majeure Event. The extension will begin once the event has ended and both Parties resume performance under the Agreement.
Force majeure event clause with provision for exclusion of certain events
This version excludes specific events.
A Force Majeure Event shall not include financial difficulties, lack of funds, or any internal operational issues affecting either Party. The Force Majeure Event is limited to events beyond the reasonable control of the affected Party, such as natural disasters, government actions, or labor strikes.
Force majeure event clause with provision for reallocation of resources
This version allows for resource reallocation.
If a Force Majeure Event affects the performance of obligations under this Agreement, the Parties agree to reallocate available resources to meet the most critical tasks. This may include adjusting staffing levels, revising timelines, or shifting resources to ensure the most important deliverables are completed.
Force majeure event clause with provision for dispute resolution
This version includes dispute resolution.
In the event of a Force Majeure Event, the Parties agree to meet within [X] days to discuss and resolve any disputes related to the delay in performance. If the Parties cannot reach a resolution, the dispute will be handled in accordance with the dispute resolution procedures outlined in [Section X].
Force majeure event clause with provision for temporary delegation of duties
This version allows for delegation of duties.
If a Force Majeure Event prevents a Party from performing its duties under this Agreement, that Party may delegate its obligations to a third party, provided the delegation is mutually agreed upon in writing by both Parties. The delegation shall only occur for the duration of the Force Majeure Event.
Force majeure event clause with provision for transparency during the event
This version emphasizes transparency.
The Parties agree to maintain transparency regarding the impact of the Force Majeure Event. The affected Party shall provide regular updates on the event’s status, the steps being taken to resolve it, and the expected timeline for resuming performance under the Agreement.
Force majeure event clause with provision for joint evaluation after the event
This version includes joint evaluation.
Following the resolution of a Force Majeure Event, the Parties agree to jointly evaluate the impact of the event on the Agreement. This evaluation will assess whether the original deadlines, deliverables, or terms need to be revised due to the delay caused by the event.
Force majeure event clause with provision for proactive communication
This version emphasizes proactive communication.
In the event of a Force Majeure Event, the affected Party must proactively communicate the situation to the other Party within [X] days. This notification will include the nature of the event, its expected duration, and its potential impact on the obligations under this Agreement.
Force majeure event clause with provision for review of timelines
This version includes a review of timelines.
If a Force Majeure Event occurs, both Parties agree to review the agreed timelines and modify them as necessary to account for the delay. This review will occur no later than [X] days after the affected Party has notified the other Party of the event.
Force majeure event clause with provision for partial performance
This version allows partial performance.
The Party affected by a Force Majeure Event may, at its discretion, continue partial performance under this Agreement to the extent possible. The Parties will discuss and agree on the deliverables that can be completed despite the Force Majeure Event.
Force majeure event clause with provision for compensation for losses
This version includes compensation for losses.
In the event of a Force Majeure Event, the affected Party shall not be liable for the delay. However, the non-affected Party may claim compensation for any direct losses or additional expenses incurred due to the delay, provided these are documented and agreed upon.
Force majeure event clause with provision for event-specific impact assessment
This version includes impact assessment.
When a Force Majeure Event occurs, the affected Party will conduct an assessment of the event’s specific impact on the performance of the Agreement. The affected Party will provide a report to the other Party within [X] days detailing the event's consequences and propose revised deadlines if necessary.
Force majeure event clause with provision for change in project scope due to event
This version includes scope changes.
If a Force Majeure Event occurs, the Parties agree to discuss any necessary changes to the project scope to address the limitations imposed by the event. These changes will be documented in an amendment to this Agreement and will be subject to mutual consent.
Force majeure event clause with provision for alternative performance methods
This version allows alternative methods of performance.
In the event of a Force Majeure Event, the affected Party may propose alternative methods of performing its obligations under this Agreement. These methods will be reviewed by the non-affected Party, and, if acceptable, will be agreed upon and implemented for the duration of the event.
Force majeure event clause with provision for regular progress updates during the event
This version requires regular updates.
The Party affected by a Force Majeure Event agrees to provide regular progress updates to the other Party. These updates will include an assessment of how the event is affecting performance and any steps taken to mitigate delays.
Force majeure event clause with provision for early termination if event persists
This version allows early termination.
If a Force Majeure Event continues for more than [X] months, either Party may terminate this Agreement without penalty by providing [X] days’ written notice. In such a case, both Parties will discuss the handling of outstanding obligations and related costs.
Force majeure event clause with provision for insurance claims
This version includes insurance claims.
If a Force Majeure Event causes delays or damage to the performance of this Agreement, the affected Party may file insurance claims to cover losses. The non-affected Party will cooperate in providing necessary documentation for the insurance claim, provided the event falls under the coverage terms.
Force majeure event clause with provision for dispute resolution during an event
This version includes dispute resolution during the event.
In the event of a Force Majeure Event, the Parties agree to engage in good faith discussions to resolve any disputes arising from the event’s impact on performance. If the dispute cannot be resolved within [X] days, the matter will be referred to [mediation/arbitration] for resolution.
Force majeure event clause with provision for deadline shifts after the event
This version allows deadline shifts.
The deadlines specified in [Exhibit A] may be shifted based on the duration of a Force Majeure Event. The Parties will agree to a revised schedule within [X] days of the event’s conclusion, considering any impact the event had on the deliverables.
Force majeure event clause with provision for alternate performance timeline
This version provides for an alternate timeline.
If a Force Majeure Event prevents the timely performance of this Agreement, the Parties will agree to an alternate timeline for the completion of obligations. This timeline will be based on the event’s duration and its impact on the Parties’ ability to perform.
Force majeure event clause with provision for alternative suppliers
This version allows for alternative suppliers.
If a Force Majeure Event impacts the availability of supplies, the affected Party may source supplies from alternative suppliers, subject to the non-affected Party's approval. This will ensure continued performance under the Agreement without significant delays.
Force majeure event clause with provision for contractual suspension
This version allows for contractual suspension.
In the event of a Force Majeure Event, the Parties agree to suspend performance under this Agreement for the duration of the event. The suspension will not affect the overall term of the Agreement unless the event causes delays that extend beyond [X] months.
Force majeure event clause with provision for review of insurance coverage
This version involves insurance coverage review.
If a Force Majeure Event occurs, the Parties will review their respective insurance coverage and determine if claims can be made to mitigate financial losses caused by the event. The Parties agree to cooperate in filing and processing any claims related to the event.
Force majeure event clause with provision for access to external support
This version provides for external support.
The Parties agree that if a Force Majeure Event occurs, they will seek external support such as legal or financial advisors, government assistance, or other resources to mitigate the impact on the Agreement. The Parties will share the costs of such support as mutually agreed.
Force majeure event clause with provision for notification of extended events
This version includes notification of extended events.
The Party affected by a Force Majeure Event agrees to notify the other Party if the event extends beyond [X] days. The Parties will jointly reassess the situation and discuss potential solutions, including adjusting deadlines, modifying obligations, or extending the term of the Agreement.
Force majeure event clause with provision for preemptive contingency planning
This version emphasizes contingency planning.
Prior to the commencement of this Agreement, both Parties agree to develop a contingency plan in the event of a Force Majeure Event. This plan will outline the steps to be taken, the communication processes, and the potential adjustments to deadlines or deliverables.
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