An "Acts of God" clause exempts parties from fulfilling their contractual obligations due to extraordinary events or natural phenomena beyond their control, such as earthquakes, floods, or other natural disasters. This clause helps allocate risk and protect parties from liability when unforeseen events prevent them from executing their contractual duties.
In addition, extraordinary events outside the control of the Funds, including acts of God (e.g., fire, flood, earthquake, storm, hurricane or other natural disaster), acts of war (e.g., war, invasion, acts of foreign enemies, hostilities, insurrection, or terrorist activities, whether war is declared or not) and global health events, such as epidemics, pandemics and disease, and their related social and economic impacts, may cause significant adverse market conditions and result in losses in value to the Funds’ investments.
Other events, including but not limited to natural disasters and acts of God, political unrest, fire, outbreaks of an infectious disease, pandemic or any other serious public health concern, war, acts of terrorism or other catastrophes could impact general or local economic conditions that could impact our investments and operations.
The Trust reserves the right to reject a creation order transmitted to it by the Distributor in respect of the Funds for any legally permissible reason, including, but not limited to, the following circumstances: the order is not in proper form; the securities delivered do not conform to the In-Kind Creation Basket for the relevant date; acceptance of the Fund Deposit would, in the opinion of counsel, be unlawful; or in the event that circumstances outside of the Trust’s control make it practically impossible to process creation orders (such as acts of God; public service or utility problems; market conditions or activities causing trading halts; systems failures involving computer or other information systems; and similar extraordinary events).
The Parties herein acknowledge that this Letter Agreement is being entered into during a time of global uncertainty caused by the COVID-19 pandemic. If the closing herein envisioned is interrupted or prevented, directly or indirectly, by matters beyond the control of the Parties including, but not limited to, floods, fires, further governmental acts or directives, strikes or labor strife, power or service outages, civil unrest, and/or further acts of God ("Force Majeure Event"), the Parties shall agree to postpone or suspend the running of time further governmental acts or directives, strikes or labor strife, power or service outages, civil unrest, and/or further acts of God ("Force Majeure Event"), the Parties shall agree to postpone or suspend the running of time for the closing hereunder only for as long as any such Force Majeure Event continues to withhold the Parties from duly closing the transactions herein envisioned.
Acts of God, etc. The Company will not be liable or responsible for delays or errors by reason of circumstances beyond its control, including acts of civil or military authority, national emergencies, labor difficulties, fire, mechanical breakdown beyond its control, flood or catastrophe, acts of God, insurrection, war, riots or failure beyond its control of transportation, communication or power supply.
“Force Majeure” means anything outside the reasonable control of a Party, including but not limited to, acts of God, fire storm, earthquake, explosion, accident, war, rebellion, insurrection, sabotage, epidemic, quarantine restrictions, labour dispute, labour shortage, transportation embargo, failure or delay in transportation, or an act or omission (including laws, regulations, disapprovals or failure to approve) of any government or government agency.
VIDO-InterVac shall be not responsible to another for any delay in the performance of, or failure to perform, its obligations under this Agreement where such delay or failure is caused by circumstances beyond the reasonable control of VIDO-InterVac, including, without limitation, causes including strikes, lockouts or any other labour disruptions, war, natural disaster, disease or epidemic, or acts of God. In the event of any such delay or failure in performance, VIDO-InterVac shall be granted an extension of time for performance that is equitable in light of the cause of the delay.
Examples of such circumstances include acts of God or public service or utility problems such as fires, floods, extreme weather conditions and power outages resulting in telephone, telecopy and computer failures; market conditions or activities causing trading halts; systems failures involving computer or other information systems affecting the Trust, the Distributor, the Custodian, the Transfer Agent, DTC, NSCC, Federal Reserve System, or any other participant in the creation process, and other extraordinary events.
The Company’s investments may be affected by force majeure events (i.e., events beyond the control of the party claiming that the event has occurred, including, without limitation, energy blackouts, acts of God, fire, flood, earthquakes, outbreaks of an infectious disease, pandemic or any other serious public health concern, war, terrorism, labor strikes and telecommunication failures).
These forward-looking statements involve risks and uncertainties and, consequently, could be affected by our level of indebtedness, general business and economic conditions, the impact of competition, the seasonality of the Company's business, adverse weather conditions, future commodity prices, guest and employee complaints and litigation, fuel and utility costs, labor costs and availability, changes in consumer and corporate spending, changes in demographic trends, changes in governmental regulations, unfavorable publicity, our ability to open new stores, and acts of God.
Humble shall not be liable for any loss or damage to goods stored, however caused, unless such loss or damage resulted from the failure by Humble to exercise such care in regard to the goods as a reasonably careful man would exercise under like circumstances. Humble is not liable for damages which could not have been avoided by the exercise of such care. In particular, but without limiting the extent of the foregoing disclaimer, Humble shall not be responsible for damage caused by fire, wind, water, sprinkler leakage, vermin, acts of God, strikes, terrorism or other work stoppages, or other causes that are beyond the control of Humble.
The Fund may be affected by force majeure events (e.g., acts of God, fire, flood, earthquakes, outbreaks of an infectious disease, pandemic or any other serious public health concern, war, terrorism, nationalization of industry and labor strikes). Force majeure events could adversely affect the ability of the Fund or a counterparty to perform its obligations.
Acts of God. In the event either party is unable to perform its obligations under the terms of this Management Agreement, despite having taken commercially reasonable precautions, because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. The Manager and the Trust shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.
Examples of circumstances outside the control of the foregoing Fund stakeholders include acts of God or public service or utility problems such as fires, floods, extreme weather conditions and power outages resulting in telephone, telecopy and computer failures; market conditions or activities causing trading halts; systems failures involving computer or other information systems affecting the Trust, the Distributor, the Custodian, a sub-custodian, the Transfer Agent, the Adviser, DTC, NSCC, Federal Reserve System, or any other participant in the creation process, and other extraordinary events.
Acts of God. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. The Manager and the Trust shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection.
An “Act of God” refers to natural events that are beyond human control and cannot be predicted or prevented. These events are usually extreme and unforeseen, such as hurricanes, earthquakes, floods, or volcanic eruptions. In legal contexts, an “Act of God” is a defense against liability for damages caused by these events, since they are considered unavoidable and no party can be held responsible for them.
You should consider using the term “Act of God” in legal documents or contracts where liability may be a concern due to unforeseen natural events. This term is often included in:
Inserting “Act of God” clauses helps clarify the extent of a party’s responsibilities when such events occur.
When drafting an “Act of God” clause, it is important to be clear and specific. Here is a template you can follow:
Act of God Clause: Neither party shall be liable for any failure to perform its obligations under this agreement if such failure is caused by an event beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or any other similar events that could not be anticipated.
Consider consulting a legal professional to ensure the clause best suits the specific context and needs of your agreement.
Contracts that typically contain “Acts of God” clauses include:
Insurance Policies: Indemnity contracts often include these clauses to delineate coverage.
Construction Agreements: To detail responsibilities and potential delays caused by severe weather or other natural events.
Rental and Lease Agreements: To define culpability for property damage incurred through natural means.
Event Contracts: For occasions like weddings or large public events, to accommodate cancellations or postponements due to extraordinary circumstances.
Including such clauses provides clarity and legal protection regarding unforeseen natural events that could impact contractual obligations.
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