District of Columbia 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.

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FAQ

Force Majeure Clauses A force majeure clause ('FM clause') is a contractual mechanism that may relieve a party of contractual liability in specified circumstances, usually described as being 'beyond that party's control', which lead to an inability to fulfil their contractual obligations.

Hear this out loud PauseGenerally 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.

What is an example of a force majeure event? Typical force majeure events include natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labor strikes), and infrastructure failures (transportation, energy).

The clause aims to provide relief to a party to a contract when an unexpected event occurs that is beyond the party's control, leaving them unable to perform their contractual obligation(s) 5 6. The force majeure clause is sometimes referred to as an ?Act of God? clause or an ?excusable delay? clause 2 3 5.

Hear this out loud PauseRe: 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.

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 market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

Hear this out loud Pause5 Force Majeure 1. In the case of failure to perform this Agreement due to any force majeure, neither party shall be liable for such failure, and this Agreement shall be terminated automatically.

Hear this out loud PauseForce 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.

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