Undue Hardship Clause Samples
The Undue Hardship clause defines the circumstances under which a party may be excused from fulfilling certain obligations if doing so would impose an unreasonable or excessive burden. In practice, this clause is often invoked in contexts such as employment accommodations or contract performance, where complying with a requirement would cause significant difficulty or expense relative to the party’s resources or situation. Its core function is to provide a fair balance between enforcing contractual or legal duties and recognizing legitimate limitations, thereby preventing parties from being compelled to act in ways that are excessively onerous or impractical.
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Undue Hardship. The parties will review and monitor Production Costs through the Manufacturing Committee on an ongoing basis with the goal of maintaining Production Costs at the lowest reasonable level, including consideration of use of third party suppliers. As of the Effective Date, both parties believe that the financial terms reflected in this Section 8.2 reflect the agreed balance of interests and burdens between the parties, and the parties expect to preserve such terms. However, in the event that the total of actual and reasonably anticipated Net Sales over a period of at least one (1) year create an unreasonable burden as to the profitability of this manufacturing arrangement to one party, in relation to the burden to the profitability to the other, the parties agree to equitably adjust the terms hereof to remedy such unreasonable burden. In making such adjustments, the parties shall reasonably consider such factors as the respective contributions made and risks borne by the parties in connection with the discovery, research, development and commercialization of the Product in question, the reasonable expectation of the parties as to profitability of such Products and the like.
Undue Hardship. 18.4.1.1. If the application of any of the provisions of this Agreement should result in any undue hardship for either Party, the affected Party shall be entitled to require the unaffected Party to renegotiate those terms and conditions of the Agreement related to such hardship, in which case the Parties shall be obliged to negotiate in good faith to address and overcome such undue hardship for the affected Party. If the Parties are unable to address or overcome the undue hardship within a reasonable time after the commencement of such negotiations, the affected Party by shall be entitled to terminate the Schedule of Services on 90 (ninety) days written notice. Such termination shall be without prejudice to the rights of the Parties in respect of any material breach of this Agreement occurring prior to such termination.
Undue Hardship. If Employee believes in good faith that the provisions in this Section will prevent him or her from obtaining a new job due to its categorization as Restricted Employment, Employee may notify Enfusion in writing, providing reasonable details about the proposed responsibilities of the new job (without disclosing another person’s Confidential Information). The Parties agree to discuss whether appropriate accommodations can be made to balance the protection of Enfusion’s business interests and Employee’s desire to engage in Restricted Employment. Except to the extent required by applicable law, Enfusion is under no obligation to modify the restrictions in this Section, but may do so in its sole and absolute discretion.
Undue Hardship. If Employee believes in good faith that the provisions in this Section will prevent him or her from obtaining a new job due to its categorization as RRestricted Employment, Employee may notify Enfusion in writing, providing reasonable details about the proposed responsibilities of the new job (without disclosing another person’s Confidential Information). The Parties agree to discuss whether appropriat e accommodations can be made to balance the protection of Enfusion’s business interests and Employee’s desire to engage in RR4i1estricted Employment, and any appropriate adjustments to the payments described above. Except to the extent required by applicable l aw, Enfusion is under no obligation to modify the restrictions in this Section, but may do so in its sole and absolute discretion. g)
Undue Hardship. In determining whether an accommodation would impose an undue hardship on the operation of the Contractor's business, factors to be considered include but are not limited to the following:
1. The overall size of the Contractor's business with respect to the number of employees, the number and type of facilities, and the size of the budget;
2. The Contractor’s type of operation, including the composition and structure of the Contractor's work force; and
3. The nature and cost of the accommodation needed.
Undue Hardship. Contractor may provide notice to the County that the caps on the Service Fee CPI-U Adjustments (section 5.1) or the caps on the Service Fee Fuel Adjustment (section 5.2) are overly burdensome. Upon such notice, the County will negotiate in good faith to amend in a commercially reasonable manner how Service Fee Adjustments are calculated or the caps are adjusted. Furthermore, if at any time after the first Contract Year the Service Area is modified, County and Contractor agree to negotiate in good faith to modify how fuel usage is determined for the purpose of calculating the Service Fee Fuel Adjustment under section 5.2.
Undue Hardship. When the designated employee indicates that the reassignment will result in undue personal hardship, the Employer will give reasonable consideration to the employee's claims.
Undue Hardship. Should any provision of this Agreement give rise to undue hardship affecting the City and/or the LOC because of the substantial change of economic or political circumstances after the Commencement Date, the City and/or the LOC may request the APC to consider such changes as may be reasonable in the circumstances. The APC, and the City and/or the LOC shall determine the change of such provision of this Agreement through the discussion, considering the budget in the financial plan and any other factors of the Asian Para Games 2026.
Undue Hardship. If the terms of this Article 10 impose an unanticipated burden on Schering or DUSA, and in particular if such performance would create a material, adverse imbalance of the economic result hereunder, then the terms and conditions of this Article 10 shall be equitably adjusted by the Parties to remedy such burden or imbalance.
Undue Hardship. When an accommodation for an employee with a disability, taking into account CBC’s overall resources, would be unduly costly, expensive, substantial, and disruptive or fundamentally alter the nature or operation of the department or institution.