--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:

> Firstly, force majeure is the response to a default claim. The city 
> never claimed default. 


I agree with you under usual situations, but our contact here is 
different (and in this instance, stronger than usual contracts).  The 
thirty days to declare Force Majeure starts from the time of the event 
causing a delay, which could be long before a default date.

If at some point the lawsuits were to cause a delay, they had thirty 
days to notify the City of that.  To my knowledge, and I think we need 
Mr. Aaron to clarify, Asbury Partners never made such a declaration.  
Way too late now.






 
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