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ARTICLE · 06 SEPTEMBER 2011

Hurricane Irene Storms Through Force Majeure Provisions

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The gusts of hurricane Irene were still blowing outside as the winds of "force majeure" gathered force in the minds of lawyers around the country.

United StatesIntellectual Property
Jeffrey Neuburger
Jeffrey Neuburger
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The gusts of hurricane Irene were still blowing outside as the winds of  "force majeure" gathered force in the minds of lawyers around the country.  Long before the storm subsided, storm-related interruptions in contract-procured services caused clients and their lawyers to wonder, "what does the force majeure clause say?" 

The service interruptions caused by the hurricane are sure to lead to claims and disputes centered on that often-overlooked clause found in many service contracts.  While not typically one of the most heavily negotiated clauses of a typical contract, when a hurricane like Irene causes a significant disruption in service, force majeure clauses take center stage in determining each party's rights, responsibilities and remedies.

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