After termination under this Sub-Clause [1.3], the Operator shall comply with Sub-Clause [termination provisions] and the Authority shall pay the Supplier an amount calculated and certified in accordance with [ ].In this example there is no distinction drawn between political and natural force majeure events: -(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;(b) ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;(c) pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device;(d) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;(d) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;(e) tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources resulting from any plane crashing into [ ];(f) discontinuation of electricity supply, not covered by the agreement concluded with the [utility company]; or(g) other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts,which in each case directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement;(1) Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause 20 shall not apply to that extent).
If you have questions about the force majeure clause in your contract, your best bet is to reach out to your legal counsel.You probably know that real estate has long been the playground for the rich and well connected, and that according to recently published data it’s also been the best performing investment in modern history. Force majeure also encompasses human actions, however, such as armed conflict. Pausing rent can be a good stop-gap measure, but eventually, those bills will come due, and if companies haven't been able to make up for the losses incurred during stay-at-home orders, they may not be able to recover.Many companies have also sought relief through loan programs created by the CARES Act. This page includes examples of Force Majeure clauses from agreements found on this site. But in 2020 the barriers have come crashing down - and now it’s possible to build REAL wealth through real estate at a fraction of what it used to cost, meaning the unfair advantages are now available to individuals like you.Deidre Woollard is a writer and editor with two decades of experience covering all aspects of real estate from luxury … © 2018 - 2020 Millionacres, LLC.