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Expert Analysis

A Texas Gas Contract Case May Be Redefining Force Majeure

By David Baay, Jack Massey and Tom Warren ( April 17, 2023, 4:25 PM EDT) -- May a seller of energy invoke force majeure to excuse its nonperformance under a delivery contract — a contract that obligates the seller to deliver a particular quantity of energy at a particular delivery point, but does not specify the source of that energy — when the seller is deprived of its intended source of energy, but can satisfy its delivery obligations through other reasonable means?...

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