Reviewing the force majeure clause in a license agreement today and came across the following language: “For purposes of this Agreement, a ‘Force Majeure’ event shall be any cause beyond the reasonable control of the Party so failing including, without limitation, . . . the elements . . . .” Usually events such as war, civil disorder, collapse of government are included in that clause. Seeing “the elements” listed made me smile. Can’t argue with the elements!
