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.
New Mexico Notice by Lessee of Force Majeure with Events Preventing Ability to Perform Operations on A Lease
Category:
State:
Multi-State
Control #:
US-OG-359
Format:
Word;
Rich Text
Instant download
Description
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
Generally speaking, for events to constitute force majeure, they must be unforeseeable, external to the parties of the contract, and unavoidable. These concepts are defined and applied differently depending on the jurisdiction.
Common consequences are that parties agree to suspend performance or excuse liability for non-performance. Sometimes though they may simply require the parties to find alternative arrangements as may be fair, reasonable and practicable.
Response to Force Majeure Declaration You assert that such an event is a ?cause outside the control of a party? which you claim excuses or delays performance.
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.
Comment: A party receiving a force majeure notice should always acknowledge receipt, even if it is apparent that a force majeure event has occurred and regardless of whether the recipient agrees or disagrees with the declaration.
A typical force majeure clause includes a statement that the occurrence of certain events or circumstances will excuse performance; a listing of the events or circumstances; and a listing of obligations imposed on the party claiming to be excused that typically relate to keeping the other party informed about the force ...
Make sure your contract covers unforeseen events. Both parties to a contract should be able to suspend or delay its performance if it is genuinely prevented from doing so by circumstances outside of its control.
Re: Notice of Force Majeure As you may know, [IDENTIFY THE FORCE MAJEURE EVENT]. We are writing to notify you that, following our best efforts to remain fully operational during this time, we have no choice but to invoke force majeure, pursuant to [section/clause/article ___] of the Contract.
