indicate reluctance on the part of the British courts to find an event of force majeure
that will excuse contractual or other legal liability in the absence of truly exceptional circumstances.
HAVE BROLLY, WILL TRAVEL: Eddie Izzard will be calling in Liverpool on his epic Force Majeure
Purchasers may also wish to negotiate for downstream events of Force Majeure
, such as events affecting the purchaser's vessel or its regasification facilities.
Insiders say those producers who have had mixed track records delivering success to their studios are most likely to feel the burn of force majeure
was declared due to essential maintenance repairs at Dow's Texas City, TX, plant that required the plant to be idle for approximately two weeks.
Nova Chemicals has issued force majeure
notices to Lanxess regarding the raw material supply since October 2005.
However, New York Courts take a strict view of force majeure
clauses as well.
The force majeure
will remain in affect until advised otherwise by Sartomer.
But the buyer might refuse, claiming force majeure
and thereby delaying shipment, or demanding instead that the exporter pay any additional cost at the receiving end.
Most standard contracts include a force majeure
clause, which basically protects the supplier/manufacturer from unexpected circumstances ( something which experts at Eversheds believe the last-minute change in date would be classed as.
A force majeure
event that has a material impact on the performance of the services for a minimum period (usually this is a termination right for the customer only, and a force majeure
event should not relieve the provider from activating a disaster recovery or business continuity plan if otherwise part of the agreed-upon services); and
Superior Court Judge Greg Canova said, in effect, that Blethen and Times officials could not have it both ways -- claiming two years ago that the JOA's force majeure
clause applied to the 49-day Christmas season strike in 2000, then saying in court this year that it did not.