Force Majeure

Force majeure (French for "superior force") excuses a party from performing when something extraordinary and outside its control gets in the way: natural disasters, war, government action, and, as many businesses learned recently, pandemics. If a qualifying event occurs, the affected party is generally not in breach for failing to perform while it lasts.

The clause only covers what it lists, so the specific wording controls. A well-drafted force majeure clause defines the qualifying events, what notice is required, and what happens if the disruption drags on, sometimes allowing either side to terminate.