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For the attention of: ________
BY ________
Dear Sirs,
NOTICE OF SUSPENSION OF CONTRACTUAL OBLIGATIONS BY REASON OF A FORCE MAJEURE EVENT — ________ No. ________
1. We refer to the ________ dated ________ and made between ________ and ________ (the "Contract"). Unless otherwise stated, defined terms used in this notice have the meanings given to them in the Contract.
2. This letter constitutes formal notice (the "Notice") served in accordance with the notices provisions of the Contract at ________, and is given to inform you that a Force Majeure Event (as defined in and for the purposes of the Contract) has occurred which prevents, hinders or delays our performance of our obligations under the Contract.
3. We hereby give notice that, with effect from ________, we are suspending the performance of the following obligations under the Contract for the duration of the Force Majeure Event and its effects:
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4. We invoke our right to suspend performance under ________ of the Contract, which governs the rights and obligations of the parties on the occurrence of an event of force majeure. ________ provides, so far as relevant, that:
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5. The Force Majeure Event which has occurred and which gives rise to this Notice is as follows:
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6. The Force Majeure Event is an event beyond our reasonable control which we could not reasonably have foreseen, avoided or overcome and which is not attributable to any act or failure to act on our part. The date on which the Force Majeure Event began to affect our performance is ________. Based on the information presently available to us, we anticipate that the Force Majeure Event and its effects are likely to continue until ________, although this estimate may be subject to change.
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8. Pursuant to ________ of the Contract, we shall not be liable for any failure to perform, or delay in performing, our obligations under the Contract, nor for any loss or damage arising from such non-performance or delay, in each case to the extent caused by the Force Majeure Event and for so long as it continues. In particular, ________ provides that:
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9. Nothing in this Notice shall be construed as a repudiation of the Contract or as a waiver, variation or release of any of our rights, remedies or obligations under the Contract or at law, all of which are expressly reserved.
11. This Notice, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
We ask for your understanding and co-operation during this period. Should you have any questions or wish to discuss this matter, please contact ________ on ________.
Yours faithfully,
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For and on behalf of ________
Enc. ________
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