Force majeure and business continuity clause

The following Commercial precedent provides comprehensive and up to date legal information covering:

  • Force majeure and business continuity clause

Force majeure and business continuity clause

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:

  1. Coronavirus (COVID-19) toolkit—Contracts

  2. Coronavirus (COVID-19) and contractual obligations—checklist

  3. Coronavirus (COVID-19) toolkit — Business continuity

together with the Q&As (in the related content pod on the right hand side) for specific guidance on the issues to consider if your contract is impacted by coronavirus.

Definitions

Business Continuity Event

  1. means an event (whether a natural or man-made phenomenon or occurrence), which interrupts the normal business activities, including business functions, operations, or processes of the Customer, (whether anticipated or unanticipated), and which prevents or delays a party from performing its obligations to third parties or receiving the full benefit of the provision of the services in accordance with the provisions of this Agreement;

[Force Majeure

  1. means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under this Agreement. [Insert circumstance not constituting force majeure eg a Business Continuity Event, inability to pay] is not Force Majeure.

OR

Force Majeure

  1. means any event or sequence of events beyond a party’s reasonable control[ and in the case of the Supplier that could not have been reasonably anticipated (such as an event which is anticipated in the Business Continuity Plan) or avoided] and which prevents it from, or delays it in, performing its obligations under this Agreement

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