Under the Atwell Suites agreement, what events excuse a party from performance?
Atwell_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
Either party is excused from performance under this Agreement to the extent and for so long as such nonperformance results from any act of God, strikes, war, terrorism, riots, acts of governmental authorities, other emergencies (including pandemics), or shortage of raw materials which specifically make it illegal or impossible to for either party to perform.
The performance of such party shall be excused for such reasonable time as may be required to resume performance following cessation of suh cause.
Source: Item 23 — Receipts (FDD pages 99–486)
What This Means (2025 FDD)
According to the 2025 Atwell Suites Franchise Disclosure Document, both Atwell Suites and the franchisee are excused from fulfilling their obligations under the agreement if nonperformance results from a force majeure event. These events include acts of God, strikes, war, terrorism, riots, acts of governmental authorities, other emergencies (including pandemics), or a shortage of raw materials that makes it illegal or impossible for either party to perform.
The excused party's performance is suspended for a reasonable time needed to resume performance after the cause ceases. This clause protects both Atwell Suites and the franchisee from being penalized for circumstances beyond their control that prevent them from meeting their contractual obligations.
Another section of the FDD states that an emergency or other event beyond the reasonable control of a party which causes a failure to perform or delay in performance (except with regard to payment obligations), the affected party's time of performance shall be extended, or cancelled, if and to the extent reasonably necessary. However, if the force majeure event continues to prevent the performance of any Service Component for more than ninety (90) days, Eligible Participant may, upon notice to AT&T during the continuance of the force majeure event, terminate such Service Component so affected without liability for any termination fees, shortfall charges or cancellation charges.