Re: [AGA SC] Sheraton's Counter Proposal -- First In depth review and Reaction

["S. Hieber" <shieber@yahoo.com>]

I'm concerned enough that I think we only consider Sheraton
if we can't find a better deal in time -- and *then*, yes,
I'd want an attorney.

I also don't want to tell them they are rejected. I see no
obligation on our part now to burn any bridges at all for
any reason.

I know Force Majeure is implicit in every contract under
the law in most states. But we always stick it in our
contracts anyhow. I actually inserted a Force Majeure
clause in the prior version just to make it clear that the
protection applied to both parties and *not just* the
hotel.  This particular sentence says that their
obligations to perform aren't affected by, for example,
"acts of God"? Thus, if a meteor hits the hotel, they
obligation is unaffected and they still have to perform! 

I doubt I could hold them to it. ;-)

It's goofy enough one could read it to mean they are on the
hook, off the hook, maybe even stradling the hook.

sh
--- David Lass <davidlass@villasunscape.com> wrote:
> This clause below is a pretty standard
> force majeure" clause that's in a lot of contracts.
> >
> > They have added very odd language: "The Hotel's
> obligation
> > to perform will not be subject to events beyond its
> > reasonable control (such as strikes, governmental
> controls,
> > or Acts of God)." Anyone know what that means? It is
> either
> > a declaration of omnipotence on the Hotel's part or,
> more
> > likely, meant as a disclaimer.
> >
> >
> Are we, in fact, concerned enough that we maybe should
> run it by an
> attorney???
> David
> 


=====
S. Hieber

-  -   -   -   -   -   -   -
Amano Returns
to the AGA Annual Convention
Nov 2004 -- Baltimore

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