UNFORESEEABILITY Clause Samples
The Unforeseeability clause defines how parties to a contract will handle events or circumstances that could not have been anticipated at the time the agreement was made. Typically, this clause outlines procedures for addressing situations such as natural disasters, sudden regulatory changes, or other extraordinary events that disrupt contractual obligations. By establishing a framework for dealing with unexpected occurrences, the clause helps allocate risk and provides a clear process for renegotiation or relief, thereby protecting both parties from unfair consequences due to unforeseeable events.
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UNFORESEEABILITY. Each Party undertakes to assume its obligations and accept to bear all risks and consequenceofanychangeofunforeseeablecircumstancesarisingduring theperformance of the Contractwhich have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, Each Party therefore undertakes to assume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have rendered its performance more onerous than could reasonably havebeen anticipated at the time of the coming into force of the Contract.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly undertakes to assume its obligations andaccepttobear all risks andconsequenceofanychangeofunforeseeablecircumstances arising during the performance of the Contractwhich have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly waive to apply the provisions of article 1195 of the French Civil Code relating to the unforeseeability. Each Party therefore undertakes to assume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly waive to apply theprovisions of Chilean law relating to the unforeseeability. Each Party therefore undertakes to assume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract.
UNFORESEEABILITY. In the event of the occurrence of circumstances which could not have been foreseen at the time of the conclusion of the Contract and which render its performance excessively onerous for one of the parties (the "Damaged Party") who did not agree to bear the risk at the time of the conclusion of the Contract, or which unbalance the general structure of the Contract to its disadvantage, the Parties reserve the right to initiate a renegotiation procedure within forty-five (45) days of the notification of the occurrence of such unforeseeable circumstances, the parties reserve the right to initiate a renegotiation process within forty-five (45) days of notification of the occurrence of such unforeseeable circumstances in order to renegotiate the Contract in good faith. If the renegotiation of the Contract is refused or fails at the end of a period of forty-five (45) days from the notification of the occurrence of such unforeseeable circumstances, the injured party reserves the right to terminate the Contract unilaterally by giving three (3) months' notice. The aggrieved Party shall continue to perform its obligations during the renegotiation of the Contract and the notice period. The Parties expressly waive recourse to the means offered by the application of articles 1195 et seq. of the French Civil Code. »
UNFORESEEABILITY. (a) Each Party hereby acknowledges and agrees that the provisions of article 1195 of the French Civil Code (Code Civil) shall not apply to it with respect to its obligations under this Agreement, and hereby expressly and irrevocably waives any rights that it may have under article 1195 of the French Civil Code (Code Civil) and agrees not to make any claim under article 1195 of the French Civil Code (Code Civil) (including as a result of the COVID-19 Event or any fluctuation or change in market conditions).
(b) Each Party further acknowledges, after due consideration, that there are no circumstances that cannot be foreseen at the time this Agreement is entered into which could make the performance of its obligations excessively onerous and each Party agrees to bear its own risks in relation thereto.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly waive to apply the provisions of Panamanian law relating to the unforeseeability. Each Party therefore undertakes to assume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have renderedits performancemoreonerousthan couldreasonablyhavebeen anticipated atthe time of the coming into force of the Contract.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly waive to apply the provisions of article 1271 of the Romanian Civil Coderelating to the un-foreseeability. Each Party therefore undertakes to assume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract. Either Party expressly accepts this contractual provision.
UNFORESEEABILITY. Taking into account the period of negotiations preceding the conclusion of the Contract which has enabled each of the Parties to commit in full knowledge on the terms of the Contract, the Supplier and the Purchaser, expressly waive to apply the provisions of Argentinianlaw relating to theunforeseeability. Each Party therefore undertakes toassume its obligations and accept to bear all risks and consequence of any change of unforeseeable circumstances arising during the performance of the Contract which have rendered its performance more onerous than could reasonably have been anticipated at the time of the coming into force of the Contract.