Georgia Notice by Lessee of Force Majeure with Events Preventing Ability to Perform Operations on A Lease

State:
Multi-State
Control #:
US-OG-359
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the Lessee to give notice that Lessee's obligations to conduct operations on the Lease, which would have the effect of perpetuating or extending the term of the Lease, are suspended or delayed until the cause for the suspension of Lessee's obligations have ceased or are removed.

How to fill out Notice By Lessee Of Force Majeure With Events Preventing Ability To Perform Operations On A Lease?

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FAQ

A force majeure clause includes three elements: It specifies the events which enable either party to declare a force majeure/act of God event. It states how a party should notify its counterparty about the occurrence. It describes the consequences after a force majeure event has occurred.

Force Majeure Clause A party is not liable for a failure to perform if he can prove that: (1) the failure was due to an impedement beyond his control; (2) he could not have reasonably foreseen the impediment at the time of contract formation; and (3) he could not have reasonably avoided or overcome its effects.

Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties' control.

The following events or circumstances shall not constitute Force Majeure: late delivery to Seller of machinery, equipment, materials, spare parts, labour (other than labour disputes), or consumables; a delay in the performance of any contractor; normal wear and tear of, or random flaws in, materials and equipment or ...

Force Majeure In no event shall the Trustee be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil ...

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

?Force majeure? is the contract provision that describes events the parties agree are reasonably unforeseeable, unavoidable and outside of either party's control. Events triggering force majeure may include things like acts of God, political unrest, natural disasters and labor disruptions.

What are the three elements of force majeure? In general, for an event to trigger a force majeure clause, it must be unforeseeable, external to the parties of the contract, and serious enough that it renders it impossible for the party to perform its contractual obligations.

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Georgia Notice by Lessee of Force Majeure with Events Preventing Ability to Perform Operations on A Lease