What is a Force Majeure Clause?
Sometimes there may be circumstances where a natural disaster or something out of your control makes it impossible for you to perform under a contract. You don’t wanna be declared in breach. So there are clauses that are set up specifically to protect you. A force majeure, or impossibility of performance clause contains language that avoids you being declared in breach when an act of God or some other type of thing out of your control occurs. Such a clause might say, neither party shall be deemed in violation or default of this agreement if the party’s prevented from performing any obligation here under for any circumstances or reason beyond its control, including such things as act of God, flood, storm, regulatory, or other delay. In the event that any part of either party’s performance is rendered impossible, the parties shall cooperate with each other and use their best efforts to remove the impediment or develop a substitute manner of performance. Talk to a very experienced trial lawyer to understand the best option for you.