This form provides boilerplate contract clauses that outline effective methods of delivery for notices served pursuant to the terms of the contract agreement. Several different language options are included to suit individual needs and circumstances.
Nassau New York Notice Provisions - Methods and Effectiveness of Delivery
Category:
State:
Multi-State
County:
Nassau
Control #:
US-ND1511
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Word;
PDF
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Description
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FAQ
A notice of contract is defined as the knowledge of information of specific facts or of a certain state of affairs and the formal papers that provide this information. Notice is given directly to the involved party. There is both implied notice and express notice, which are different.
For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical.
A notice provision is an agreement between parties on how to receive notices about contractual matters, and this clause should be very clear on its requirements. Typically, it will include the following information: How the notice should look. Acceptable methods for sending notices, such as by email, fax, or mail.
Notices also serve a softer purpose to encourage effective communication between parties. They give the parties a chance to raise issues formally and elicit a response that would otherwise have been avoided or overlooked by the other party.
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
Force majeure events These may include earthquakes, floods, fire, plague, Acts of God (as defined in the contract or in applicable law) and other natural disasters. These are events which are not within the control of the Host Government.
For example, parties in the United States have used the COVID-19 pandemic as a force majeure in an attempt to escape contractual liability by applying the elements of an (1) unforeseeable event, (2) outside of the parties' control, that (3) renders performance impossible or impractical.
Notices clauses designate methods to bring notices issued under a contract to the attention of the other parties. They fix a method and means to deliver documents required to be formally served, in compliance with the terms of the contract.
What is Force Majeure? In many commercial agreements, the parties stipulate that certain events beyond a party's reasonable control that prevent or delay the party's performance (Force Majeure) will constitute an excuse for that party.
There are four necessary components of a force majeure clause: It must define the breach for which a promisor seeks to be excused. It must define the force majeure event itself. It must require (and define) the causal connection between these two. It must explain what will happen if performance is excused.
