Acts of God Sample Clauses

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.
Acts of God. In any case where either party hereto is required to do any act, delays caused by or resulting from Acts of God, war, civil commotion, fire or other casualty, labor difficulties, shortages of labor, materials or equipment, government regulations, or other causes beyond such party's reasonable control shall not be counted in determining the time during which work shall be completed, whether or such time be designated by a fixed date, a fixed time or "a reasonable time".
Acts of God. In the event that any party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage beyond its reasonable control, or other causes beyond its reasonable control, such party shall not be liable to any other party for any damages resulting from such failure to perform or otherwise from such causes.
See more samples of Acts of God

Acts of God: Everything you need to know

An act of God is usually considered as an event that is beyond the scope of human control. Unpredictable and unpreventable natural disasters such as floods, hurricanes, volcanoes, earthquakes, and storms are considered acts of God.

Acts of God in Insurance

Acts of God are natural catastrophes outside human control that are unexpected. They do not hold any religious value when it comes to insurance or business. Typical events include:

  • Earthquakes
  • Tornadoes
  • Extremely high tides
  • Floods
  • Hurricanes
  • Lightning storms
  • Hail
  • Volcanic eruptions
  • Death

In contractual terms, the act of God-provisions is given as force majeure clauses that protect you from any liabilities that are outside human influence. They eliminate or limit liability for injuries, damages, or other losses related to natural catastrophes.

However, it is important to remember that not all insurance companies cover the same acts. The terminologies may also differ from one policy to another, and you will have to clarify what your insurance covers. The clause in a contract implies that no individual is liable for damages. However, it cannot be used as an excuse to avoid taking a reasonable amount of care to protect your property from damage.

'Act of God' Natural Disaster Costs

For example, an old building collapsed during an earthquake and caused injury to bystanders. The owner may claim it was an act of God, but the insurance company may deny the claim. There may also be no recourse in court as the owner did not take any precautions to maintain the structural integrity of the building.

Similarly, governments are also responsible for setting up measures to avoid any losses. If a poorly maintained dam bursts and causes a flood in a community, it will not be considered an act of God. A storm may have caused the water levels to rise, but the floods caused were due to the lack of action from the government.

'Act of God' in Relation to Tort Laws

Tort law is typically associated with personal injuries. An act of God may be considered the cause of a person’s injury and without the act of God, no harm would have occurred. In this case, the person accused of causing the injury may escape liability for damages.

For example, if a car driver is injured while driving, but the accident was caused by a tornado, then other drivers that may have hit the original driver or the car manufacturer can escape liability by claiming the tornado actually caused the accident.

What to Consider

Usually, all insurance policies offer covers for acts of God, and your insurer will reimburse you for any losses related to it. However, the precise decision may differ depending on your insurer, which can cause ambiguity when raising a claim. Here are a few things you can consider.

Prepare for anything

Make sure you get a clear idea of how the term "act of God" is defined in your insurance policy. Don't assume anything based on general definitions before purchasing a policy.

Add-ons and separate policies

Most times, your standard insurance policy will cover certain acts of God for you, but this may not always be the case. You may have to sometimes pay extra for an additional cover or buy a new policy altogether for certain cases like flooding, hurricanes, earthquakes, tornados, or lightning storms.

Be honest

When taking out a policy, make sure you tell your insurer your level of risk. Also, a report which insurance covers you currently have and which ones you don't.

Read the fine print

Your insurance policy will always have various sections mentioning the specific circumstances that are not covered under your policy. Whether you are a home or business owner, it is important to know what you are entitled to in case of natural calamities. For example, if a disaster happened due to human activity such as faulty wiring, it may not be considered an Act of God.

Always have proof

If you do have to file a claim, ensure you have all relevant evidence to show that you took appropriate measures to prevent damages. For example, prepare proof to show flood prevention measures that you set up in your place, like building a door at an elevated level. Also, make sure you are aware of the preventive measures taken in your community.

In conclusion, acts of God are unpredictable events that cannot be controlled by us. These events not only damage material property and cause death but also leave behind emotional scars that last for a long time. However, by getting your assets insured, you can save yourself from a great deal of financial burden.

More Samples of Acts of God

Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
Acts of God. Lessor shall not be required to perform any covenant or obligation in this Lease, or be liable in damages to Lessee, so long as the performance or non-performance of the covenant or obligation is delayed, caused by or prevented by an act of God or force majeure.
Acts of God. In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from the occurrence of one or more Force Majeure Events shall not be counted in determining the time during which work shall be completed, whether such time be designated by a fixed date, a fixed time or a "reasonable time", and such time shall be deemed to be extended by the period of such delay.
Acts of God. In the event of a casualty loss due to Acts of God and/or other insurance claims such as, without limitation, hurricanes, tornadoes, earthquakes, fires or floods, where the Project lender allows restoration of damage to the Project, if Owner engages Pinnacle to oversee such restoration work under a separate written agreement, Owner agrees to pay Pinnacle five percent (5%) of the total cost of the reconstruction project for overseeing the project to completion provided that said fee is reimbursed in its entirety under the provisions of Owner's insurance policy.