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Contractual force majeure clauses -- or clauses excusing nonperformance due to circumstances beyond the control of the parties -- under the common law provide a similarly narrow defense. Ordinarily, only if the force majeure clause specifically includes the event that actually prevents a party's performance will that party be excused. (See, e.g., United Equities Co. v First Natl. City Bank, 41 NY2d 1032; Squillante & Congalton, Force Majeure, 80 Com LJ 4 [1975].) The principle of interpretation applicable to such clauses is that the general words are not to be given expansive meaning; they are confined to things of the same kind or nature as the particular matters mentioned (see, 18 Williston, Contracts § 1968, at 209 [3d ed 1978]). 


Oklahoma Supreme Court has determined that neither a decline in demand, nor an inability to sell gas at or above the contract price, constitutes a force majeure event. Golsen v. Ong Western, Inc., 756 P.2d 1209, 1213 (Okla. 1988) (interpreting force majeure provision extending to 'failure of gas supply or markets'). 


 A force majeure clause, provides a means by which the parties may anticipate in advance a condition that will make performance ...

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