Excessive onerousness Clause Samples
The "Excessive onerousness" clause allows a party to seek relief or renegotiation if fulfilling contractual obligations becomes unreasonably burdensome due to unforeseen circumstances. Typically, this clause applies when external events—such as drastic economic changes or regulatory shifts—make performance significantly more difficult or costly than originally anticipated. Its core function is to provide a mechanism for adjusting or terminating the contract to prevent unfair hardship, thereby allocating risk and promoting fairness between the parties.
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Excessive onerousness. 23.1. Without prejudice to the terms of Article 19 above, if, due to events which were unforeseen (and which were reasonably unforeseeable) by the parties at the time this Contract was entered into, the balance between the parties’ respective obligations hereunder alters considerably, thus rendering excessively onerous the obligations of either of the parties hereto, then the party so affected may request that the parties’ respective obligations be realigned. It is however understood, that the loss or increase in value of one national currency compared to one or more other currencies, or equally the replacement of one national currency by another currency (for example, following the introduction of the Euro) shall have no effect for the purposes of this article. In the event of a possible disagreement between the parties in relation to this issue, then the matter may be submitted solely to conciliation and/or arbitration pursuant to Art. 25 below.