Force Majeure
21 definitions

About this Term

"Superior or irresistible force" (see full definition at The Legal Dictionary).

Judicial Interpretations

"A force majeure event . . . need not be something that precludes a party from performing at all" (Aquila, Inc., v. C.W. Mining, 545 F.3d 1258 (2008)). 

This definition has not yet been approved by a moderator.

"Force Majeure" means labor disputes, casualties (which are not the result of willful misconduct of a Party or its respective employees); acts of God including all days of rainy weather in excess of the average number of days of rainy weather for San Antonio, Texas, as reflected in the most recent publication of "Local Climatological Data" by the National Climatic Data Center; unusual delays in transportation or shipping; acts of war or terrorism; act of military authority; sabotage; shortages offuel, labor or building materials; unknown environmental or archaeological conditions; or other delays due to causes beyond its or their control. For the purposes of the preceding sentence, a cause "beyond its or their control" does not include any financial inability or act, omission, error or breach of duty of any Controlled Person.

FK Reading Ease
-19.8

FK Grade Level
Graduate School
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  • This definition has not yet been approved by a moderator.

    Any unforeseeable exceptional situation or event beyond the parties' control, which prevents either of them from fulfilling any of their obligations under the grant agreement, which was not attributable to error or negligence on their part or on the part of subcontractors, affiliated entities or third parties involved in the implementation and which proves to be inevitable in spite of exercising all due diligence. 

    FK Reading Ease
    13.8

    FK Grade Level
    Graduate School
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  • A standard clause which indemnifies either or both parties to a transaction whenever events which the Exchange declares to be reasonably beyond the contract.

    FK Reading Ease
    34.4

    FK Grade Level
    College
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  • This definition has not yet been approved by a moderator.

    An unexpected major occurrence which alters the application of the terms of a contract; sometimes referred to as "an act of God."

    FK Reading Ease
    46.1

    FK Grade Level
    College
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  • A defense protecting the parties in the event that a part of the contract cannot be performed due to causes which are outside the control of the parties and could not be avoided by exercise of due care.

    FK Reading Ease
    45.8

    FK Grade Level
    Graduate School
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  • Events that are beyond the control of a contractor, such as earthquakes, epidemics, blockades, wars, acts of sabotage, and archeological site discoveries.

    FK Reading Ease
    23

    FK Grade Level
    College
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  • A clause in a supply contract that permits either party not to fulfill the contractual commitments due to events beyond their control. These events may range from strikes to export delays in producing countries.

    FK Reading Ease
    55.2

    FK Grade Level
    High School
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  • Force majeure is a superior or irresistible force; a cause that is outside the control of the parties and could not be avoided by exercise of due care.

    FK Reading Ease
    48.5

    FK Grade Level
    College
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  • “force majeure” means any occurrence, and its effects, which: 
    (i) is beyond, the reasonable control of the ISO or a market participant; 
    (ii) could not have been avoided through the use of good electric industry practice or by the exercise of reasonable diligence; and 
    (iii) prevents the ISO or a market participant from performing its obligations under the ISO rules, ISO tariff or reliability standards, as applicable; 
    but does not include a lack of finances or any occurrence which can be overcome by incurring reasonable additional expenses. 

    FK Reading Ease
    9.3

    FK Grade Level
    Graduate School
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  • Force Majeure means an event, inability or delay which is caused by circumstances beyond the relevant party’s reasonable control and which cannot be cured by measures which might reasonably be taken in the course of that relevant party’s business, including, without limitation, war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, breakdown or damage to machinery or equipment or technology, fire, flood, acts of God, regulatory, legislative or administrative interference, ruling or decision, provided that no circumstance or cause shall be considered to be beyond the control of a party if it arises as a result of that party’s failure to take reasonable care. For the avoidance of doubt, the loss of a Client or a Client’s brand (including, without limitation, by virtue of insolvency or by virtue of a win by a third party Agency) by an Agency will not be deemed to be an event of Force Majeure.

    FK Reading Ease
    -26

    FK Grade Level
    Graduate School
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