Emergency Hardship Clause Samples
The Emergency Hardship clause allows a party to seek relief or modification of contractual obligations when unforeseen, severe circumstances arise that make performance extremely difficult or impossible. Typically, this clause applies in situations such as natural disasters, sudden regulatory changes, or other emergencies that fundamentally disrupt the ability to fulfill the contract. Its core function is to provide a fair mechanism for addressing situations beyond the parties' control, thereby reducing the risk of unjust outcomes and ensuring that neither party is unduly penalized for events they could not anticipate or prevent.
Emergency Hardship. (1) If a Team during the Regular Season, as a result of injuries, illnesses, other conditions or other extenuating circumstances that have affected its players, has less than ten (10) players on its roster who are able to play, it may apply to the WNBA to obtain an Exception to sign one or more Replacement Player(s) to Replacement Contract(s) to replace one or more of the Team’s unavailable Players. Any such Replacement Contract shall be terminated immediately once ten (10) other players on the Team’s roster are again able to play.
(2) The determination of whether to grant a Team one or more Emergency Hardship Exceptions shall be in the WNBA’s sole discretion. The WNBA may attach such conditions to an Emergency Hardship Exception as it may determine, in its sole discretion, provided that such conditions do not violate any provision of this Agreement.
(3) If a Team requests an Emergency Hardship Exception pursuant to this Section 4(b), all players whom the Team claims are unable to play shall cooperate in the processing of the request (and in such ongoing evaluation of the players’ physical condition as the WNBA may require for purposes of determining when a Replacement Contract must be terminated pursuant to Section 4(b)(1) above), including by appearing (if necessary) at the scheduled place(s) and time(s) for examination(s) by a physician designated by the WNBA. The cost of the WNBA physician will be borne by the WNBA Team seeking the Exception.
Emergency Hardship. (1) If a Team during the Regular Season, as a result of injuries, illnesses, other conditions or other extenuating circumstances that have affected its players, has less than ten (10) players on its roster who are able to play, it may apply to the WNBA to obtain an Exception to sign one or more Replacement Player(s) to Replacement Contract(s) to replace one or more of the Team’s unavailable Players. Any such Replacement Contract shall be terminated immediately once ten (10) other players on the Team’s roster are again able to play.
(2) The determination of whether to grant a Team one or more Emergency Hardship Exceptions shall be in the WNBA’s sole discretion. The WNBA may attach such conditions to an Emergency Hardship Exception as it may determine, in its sole discretion, provided that such conditions do not violate any provision of this Agreement.