[61183] in North American Network Operators' Group

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Re: Force Majeure

daemon@ATHENA.MIT.EDU (Petri Helenius)
Mon Aug 25 17:10:51 2003

Date: Tue, 26 Aug 2003 00:05:15 +0300
From: Petri Helenius <pete@he.iki.fi>
To: Brian Cashman <bsc@merit.edu>
Cc: nanog@merit.edu
In-Reply-To: <3F4A75AD.7050300@merit.edu>
Errors-To: owner-nanog-outgoing@merit.edu


Brian Cashman wrote:

>
> In the opinion of folks on this list, did the recent power failure in 
> the northeast (started 8/14 and lasted several days in some places) 
> constitute a force majeure event?
>
Force Majeure is by definition an "unavoidable" event. One avoids power 
failures
by installing and maintaining backup power. If your backup runs out of 
diesel
because the roads are blocked, then you probably did what was reasonable 
to expect
from you and could claim that the effects were unavoidable.

However, if your generator failed because you last serviced it for the 
Y2K hype and
forgot about it ever since, nearest mirror will be very useful for 
figuring out the culprit.

Pete



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