Common use of Force Majeure and Hardship Clause in Contracts

Force Majeure and Hardship. 12.1 In case performance of Services is hindered by any situation of force majeure (“Force Majeure’) such performance shall be suspended. Force Majeure includes all situations wherein the performance of the Services by HRD Antwerp is, in whole or in part, temporary or not, hindered by circumstances outside of the control of HRD Antwerp, even when such situation was foreseeable at the start of the Agreement and includes, without being limited thereto, the following situations: lack of stock, delay in or cancellation of deliveries by suppliers of HRD Antwerp, ceasing of the certificates or reports or Goods due to accidents, machine failure, strike or lock-out, revolt, war, epidemics, flooding, high level of absenteeism due to illness, interruptions of information, (tele)communication, internet, decisions or interventions by any government (including the refusal or cancellation of a license or permit), fuel deficiencies and mistakes or delays due to third parties. HRD Antwerp is not obligated to evidence the unforeseeable or uncontrollable nature of the circumstance of the situation of Force Majeure. The Parties will, in such case, take all reas onable steps to limit the consequences of the situation of Force Majeure. In case the situation of Force Majeure exceeds a period of three months, the Client has the right to terminate the Agreement with immediate effect, without the obligation to reimburse HRD Antwerp.

Force Majeure and Hardship. 12.1 In case performance of Services is hindered by any situation of force majeure (“Force Majeure’) such performance shall be suspended. Force Majeure includes all situations wherein the performance of the Services by HRD Antwerp is, in whole or in part, temporary or not, hindered by circumstances outside of the control of HRD Antwerp, even when such situation was foreseeable at the start of the Agreement and includes, without being limited thereto, the following situations: lack of stock, delay in or cancellation of deliveries by suppliers of HRD Antwerp, ceasing of the certificates or reports or Goods due to accidents, machine xxx xxxx failure, strike or lock-out, revolt, war, epidemics, flooding, high level of absenteeism due to illness, interruptions of information, (tele)communication, internet, decisions or interventions by any government (including the refusal or cancellation of a license or permit), fuel deficiencies and mistakes or delays due to third parties. HRD Antwerp is not obligated to evidence the unforeseeable or uncontrollable nature of the circumstance of the situation of Force Majeure. The Parties will, in such case, take all reas onable steps to limit the consequences of the situation of Force Majeure. In case the situation of Force Majeure exceeds a period of three months, the Client has the right to terminate the Agreement with immediate effect, without the obligation to reimburse HRD Antwerp.