Factoids

Sunday, July 15, 2012

Farce Majeure

A few days ago, an attempt to get answers to the questions raised in a previous post - Magic hammer - was submitted to selected county officials. A response came from Ronnie Moore, Director of Planning and Project Management:

StopCTA: I am aware of the current discussion regarding the developer’s default of the 381 Agreement and Force Majeure.

I would like an answer to this question, please.

According to Section 9 (b) (i) (B), the Completion phase of the Airport is subject to Force Majeure.

However, according to Section 9 (b) (i) (A), the Commencement phase of the Airport makes no mention of it being subject to Force Majeure.

So why is Force Majeure even under discussion?

Thank you for clarifying.

Ronnie Moore: Read the Force Majeure clause, Force Majeure is applicable to the entire agreement.

Okay but . . .

StopCTA: If that were the case, why bother to set those specific parameters in Section 9? Couldn’t it be argued that the Section 9 language supersedes the general Force Majeure definition in Section 15 (o)?

Ronnie Moore: Read the Force Majeure clause, Force Majeure is applicable to the entire agreement.

It’s looking like this is going to be a dead end. But just to be sure . . .

StopCTA: OK. So I’ll rephrase . . .

Why specify conditions in one Section only to nullify them later in the document? Where’s the logic in that!?

Silence.

End of the line. Questions still unanswered. This has been pretty much how the public debate with the County has gone from day one . . .

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