Force Majeure Provisions. It is agreed that no claim for damages, losses or liability may be made by either party upon the occurrence of any circumstance, whether directly or indirectly, beyond the control of either party (including without limitation strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, business interruptions, disease, national or local emergency, government action or inaction, travel restrictions, loss or malfunctions of utilities, communications or computer (software and hardware) services (“a Force Majeure Event”)), to the extent that such circumstance delays or otherwise makes it illegal or impossible for a party to satisfy its performance obligations under the Agreement. In the event of a Force Majeure Event, the parties agree to negotiate in good faith any modifications of the terms of this Agreement that may be necessary or appropriate in order to resume performance obligations under the Agreement. However, the contract is subject to termination/cancellation by the non-declaring party, unless the parties mutually agree, in writing, to amend the Agreement. As soon as reasonably practicable after a Force Majeure Event occurs, the non-declaring party will provide a written notice to the other party (or parties) that specifies the Agreement termination date. In the event of a termination due to a Force Majeure Event, the Vendor will refund to University all recoverable expenses and 50% of any documented, reasonable, nonrecoverable expenses incurred by Vendor prior to the date of termination. Vendor agrees to provide University with documentation, acceptable to the University, in its sole discretion, that details reasonable, nonrecoverable expenses retained by Vendor relating to the Force Majeure Event.
Force Majeure Provisions. The term "Force Majeure Event" shall mean a cause beyond the control of the party affected, and which by reasonable efforts the party affected is unable to overcome, including only the following: (1) earthquake, volcanic eruption, fire, lightning, tornado, hurricane, tsunami, flood, or landslide; (2) drought, blight, famine, epidemic, pandemic, or quarantine; (3) war, foreign invasion, or act of terrorism; or (4) industry-wide strike, lockout, or unavailability of, or inability to obtain, labor or materials by reason of acts of any governmental body. A party rendered unable to fulfill any obligation under this Agreement by reason of a Force Majeure Event shall: (1) give notice to all other Parties within seven (7) calendar days of the occurrence of the alleged Force Majeure Event; (2) include a documented: (a) estimate of any alleged increased costs, (b) request for extension of time, or (c) assertion of inability to perform; and (3) make reasonable efforts to reduce such costs, shorten such time, or remove such inability in the shortest possible time. The other Parties shall be excused from performance of their obligations until the party relying on Force Majeure Event shall again be in full compliance with its obligations under this Agreement.
Force Majeure Provisions. A force majeure clause excuses a lessee “from nonperformance of lease obligations when the nonperformance is caused by circumstances beyond the reasonable control of the lessee, or when nonperformance is caused by an event which is unforeseeable at the time the parties entered the contract.12 For instance, a force majeure clause might provide that the lessee is excused for delays in performance under the lease when circumstance occur beyond the control of lessee, including, but not limited to, acts of God and actions of the elements; acts of the public enemy; strikes; lockouts; accidents; laws, acts, rules, regulations and orders of federal, state or municipal government, or their officers or agents; failure of transportation; or the exhaustion, unavailability, or delays in delivery, of any product, labor, service or material. Force majeure clauses are strictly construed.13 As such, courts have consistently held that the force-majeure clause will be interpreted based on the plain, ordinary, and generally accepted meaning of the language.14 In this connection, unless the particular clause expressly provides otherwise, the parties are presumed to have contracted with knowledge of the law. Thus, a Texas Railroad Commission shut-in order, which results for a lessee’s failure to comply with certain regulations, will not constitute a force majeure unless compliance with the regulation is out of the lessee’s failure due to some actual “act of God.”15 Lessees are attempting to enlarge the traditional force majeure clause to cover inconvenience of the lessee as well as actual acts of the lessee. The following is an example of a lease force majeure clause that lessees are adding to change the obligations of the lessee: Lessee’s obligations under this lease, whether express or implied, shall be subject to all applicable laws, rules, regulations and orders of any governmental authority having jurisdiction including restrictions on the drilling and production of xxxxx, 12 Hydrocarbon Mgmt., Inc., 861 S.W.2d at 435-36.
