Post by Doc on Jan 2, 2005 0:50:52 GMT -5
OK, so I am playing as a piano accompanist for a vocal competition held in Savannah later his year. Looking forward to the fun! Its a paid week vacation in a great little town. I'll say hello to "Midnight in the Garden" for everyone........
Anyway, they sent me my contract, which came yesterday, which I just perused. This clause (typical) caught my eye, and I found it worthy of presenting here. I am not complaining about the clause; its perfectly common and useful, but it lends us an interesting number of observations:
The clause:
Second Section: Modification, Termination, and Breach of Agreement.
Clause #2.: FORCE MAJEURE*. Neither party shall be liable for damages due to delay or failure to perform any obligation under this agreement if such delay or failure results from circumstances beyond the control of the party, circumstances included, but not limited to, acts of God, war, riots, lockouts, acts of Government in a sovereign or contractual capacity, fire flood, earthquake or other natural catastrophes.
(* I love it when they throw in the French stuff!)
My first thought is, well, "acts of God clauses" are almost always included in these things. Fine. Very good idea, IMO, to include Him in the mix! This is when talk of God isn't religion--it's legal. Some things that some consider God having power over still have force of law. Where' the separation? You won't ever see these items disappearing from British or American contracts, sorry......even if "God" spoken of here is perhaps more "conceptual" than "ecclesiastical"......
My second thought is, well, riots? Of course, anything could happen, and you have to allow for all kinds of potential absurdities in a contract instrument, but really, riots in Savannah? The way the residents amble around the streets in Savannah, and I have spent some time there, is to "mosey on down the street." The lifestyle is slow there. This is the Deep South. It's really HOT most of the year. A riot in Savannah might be like Barney Fife telling a handful of easy going citizens to stroll even slower down the sidewalks.......
My third thought, is, well, acts of government in a CONTRACTUAL CAPACITY. A contract with the government can take precedence in a situation of a job obligation. That makes for an important implication or two in PID/PIA/PWR/NIR/etc.I think. Any feedback?
And lastly, ....Other "natural catastrophes".....
OK, what's an UNNATURAL CATASTROPHE? They left that one out?
Why? In as complete a list as they included, why step over this disturbing, yet ephemeral, idea? Do they think it could never happen? Then, did they think that riots are a possibility? No, I am going to have to phone them and ask them to put this in as an addendum. I am gravely concerned. There could be the world's first ever "un-natural catastrophe", right there in coastal Georgia.
But, what wil I tell them an "un-natural catastrophe" consists of?
Let me think....OK, this much is clear:
An un-natural catastrophe, in Savannah, Georgia, based upon my research amd movie watching, must be a RIOT caused by PARANORMAL APPARITIONS. The ghosts are revolting!
Frankly, after seeing "Midnight in the Garden of Good and Evil", I fear that COULD happen, right down in Old Savannah!!!!!
Move along people, mosey on along..........
Anyway, they sent me my contract, which came yesterday, which I just perused. This clause (typical) caught my eye, and I found it worthy of presenting here. I am not complaining about the clause; its perfectly common and useful, but it lends us an interesting number of observations:
The clause:
Second Section: Modification, Termination, and Breach of Agreement.
Clause #2.: FORCE MAJEURE*. Neither party shall be liable for damages due to delay or failure to perform any obligation under this agreement if such delay or failure results from circumstances beyond the control of the party, circumstances included, but not limited to, acts of God, war, riots, lockouts, acts of Government in a sovereign or contractual capacity, fire flood, earthquake or other natural catastrophes.
(* I love it when they throw in the French stuff!)
My first thought is, well, "acts of God clauses" are almost always included in these things. Fine. Very good idea, IMO, to include Him in the mix! This is when talk of God isn't religion--it's legal. Some things that some consider God having power over still have force of law. Where' the separation? You won't ever see these items disappearing from British or American contracts, sorry......even if "God" spoken of here is perhaps more "conceptual" than "ecclesiastical"......
My second thought is, well, riots? Of course, anything could happen, and you have to allow for all kinds of potential absurdities in a contract instrument, but really, riots in Savannah? The way the residents amble around the streets in Savannah, and I have spent some time there, is to "mosey on down the street." The lifestyle is slow there. This is the Deep South. It's really HOT most of the year. A riot in Savannah might be like Barney Fife telling a handful of easy going citizens to stroll even slower down the sidewalks.......
My third thought, is, well, acts of government in a CONTRACTUAL CAPACITY. A contract with the government can take precedence in a situation of a job obligation. That makes for an important implication or two in PID/PIA/PWR/NIR/etc.I think. Any feedback?
And lastly, ....Other "natural catastrophes".....
OK, what's an UNNATURAL CATASTROPHE? They left that one out?
Why? In as complete a list as they included, why step over this disturbing, yet ephemeral, idea? Do they think it could never happen? Then, did they think that riots are a possibility? No, I am going to have to phone them and ask them to put this in as an addendum. I am gravely concerned. There could be the world's first ever "un-natural catastrophe", right there in coastal Georgia.
But, what wil I tell them an "un-natural catastrophe" consists of?
Let me think....OK, this much is clear:
An un-natural catastrophe, in Savannah, Georgia, based upon my research amd movie watching, must be a RIOT caused by PARANORMAL APPARITIONS. The ghosts are revolting!
Frankly, after seeing "Midnight in the Garden of Good and Evil", I fear that COULD happen, right down in Old Savannah!!!!!
Move along people, mosey on along..........
