Common use of Hardship Clause Clause in Contracts

Hardship Clause. In the event of a change in circumstances of an economic nature, unforeseeable at the time of the conclusion of the manufacturing contract, and foreign to the company LABORATOIRES XXXXXXX and/or the professional purchaser, which would have the effect of upsetting the economic bases of the commercial relationship existing between the parties to the point of making it seriously prejudicial and/or difficult for one and/or the other of the parties to perform their obligations, the parties undertake to renegotiate the financial conditions in a spirit of cooperation and fairness with a view to returning to a position of equilibrium comparable to that which existed before the occurrence of this change in circumstances. The parties agree to meet no later than 8 (eight) days after the date of receipt or, in the absence of receipt, the date of first presentation of the registered letter with acknowledgement of receipt sent by one of them to the other and formulating a request for renegotiation. The renegotiation shall not exceed 30 (thirty) days and the parties agree that the renegotiation shall be carried out in good faith and in particular without any wrongful conduct impeding the renegotiation. During this period, the commercial relationship will continue under the conditions applicable before the change of circumstances. If no agreement is reached at the end of the renegotiation period, the commercial relationship will be terminated by operation of law at the request of either party, without prior formal notice, without any right to restitution and without either party being entitled to claim any compensation. Such early termination shall take effect upon expiration of a 30 (thirty) day notice period. Obligations owed by either party prior to the occurrence of the change in circumstances shall be performed under the terms and conditions applicable prior to such occurrence.

Appears in 3 contracts

Samples: General Conditions of Sale, General Conditions of Sale, General Conditions of Sale

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Hardship Clause. In the event of a change in circumstances of an economic nature, unforeseeable at the time of the conclusion of the manufacturing contract, and foreign to the company LABORATOIRES XXXXXXX PRODUCTION PLOUEDERN and/or the professional purchaser, which would have the effect of upsetting the economic bases of the commercial relationship existing between the parties to the point of making it seriously prejudicial and/or difficult for one and/or the other of the parties to perform their obligations, the parties undertake to renegotiate the financial conditions in a spirit of cooperation and fairness with a view to returning to a position of equilibrium comparable to that which existed before the occurrence of this change in circumstances. The parties agree to meet no later than 8 (eight) days after the date of receipt or, in the absence of receipt, the date of first presentation of the registered letter with acknowledgement of receipt sent by one of them to the other and formulating a request for renegotiation. The renegotiation shall not exceed 30 (thirty) days and the parties agree that the renegotiation shall be carried out in good faith and in particular without any wrongful conduct impeding the renegotiation. During this period, the commercial relationship will continue under the conditions applicable before the change of circumstances. If no agreement is reached at the end of the renegotiation period, the commercial relationship will be terminated by operation of law at the request of either party, without prior formal notice, without any right to restitution and without either party being entitled to claim any compensation. Such early termination shall take effect upon expiration of a 30 (thirty) day notice period. Obligations owed by either party prior to the occurrence of the change in circumstances shall be performed under the terms and conditions applicable prior to such occurrence.

Appears in 2 contracts

Samples: General Conditions of Sale, General Conditions of Sale

Hardship Clause. In the event of a change in circumstances of an economic nature, unforeseeable at the time of the conclusion of the manufacturing contract, and foreign to the company LABORATOIRES XXXXXXX PRODUCTION FALAISE and/or the professional purchaser, which would have the effect of upsetting the economic bases of the commercial relationship existing between the parties to the point of making it seriously prejudicial and/or difficult for one and/or the other of the parties to perform their obligations, the parties undertake to renegotiate the financial conditions in a spirit of cooperation and fairness with a view to returning to a position of equilibrium comparable to that which existed before the occurrence of this change in circumstances. The parties agree to meet no later than 8 (eight) days after the date of receipt or, in the absence of receipt, the date of first presentation of the registered letter with acknowledgement of receipt sent by one of them to the other and formulating a request for renegotiation. The renegotiation shall not exceed 30 (thirty) days and the parties agree that the renegotiation shall be carried out in good faith and in particular without any wrongful conduct impeding the renegotiation. During this period, the commercial relationship will continue under the conditions applicable before the change of circumstances. If no agreement is reached at the end of the renegotiation period, the commercial relationship will be terminated by operation of law at the request of either party, without prior formal notice, without any right to restitution and without either party being entitled to claim any compensation. Such early termination shall take effect upon expiration of a 30 (thirty) day notice period. Obligations owed by either party prior to the occurrence of the change in circumstances shall be performed under the terms and conditions applicable prior to such occurrence.

Appears in 2 contracts

Samples: General Conditions of Sale, General Conditions of Sale

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Hardship Clause. In the event of a change in circumstances of an economic nature, unforeseeable at the time of the conclusion of the manufacturing contractsale, and foreign to the company LABORATOIRES XXXXXXX companyLoubsol and/or the professional purchaser, which would have the effect of upsetting the economic bases of the commercial relationship existing between the parties to the point of making it seriously prejudicial and/or difficult for one and/or the other of the parties to perform their obligations, the parties undertake to renegotiate the financial conditions in a spirit of cooperation and fairness with a view to returning to a position of equilibrium comparable to that which existed before the occurrence of this change in circumstances. The parties agree to meet no later than 8 (eight) days after the date of receipt or, in the absence of receipt, the date of first presentation of the registered letter with acknowledgement of receipt sent by one of them to the other and formulating a request for renegotiation. The renegotiation shall not exceed 30 (thirty) days and the parties agree that the renegotiation shall be carried out in good faith and in particular without any wrongful conduct impeding the renegotiation. During this period, the commercial relationship will continue under the conditions applicable before the change of circumstances. If no agreement is reached at the end of the renegotiation period, the commercial relationship will be terminated by operation of law at the request of either party, without prior formal notice, without any right to restitution and without either party being entitled to claim any compensation. Such early termination shall take effect upon expiration of a 30 (thirty) day notice period. Obligations owed by either party prior to the occurrence of the change in circumstances shall be performed under the terms and conditions applicable prior to such occurrence.

Appears in 1 contract

Samples: General Conditions of Sale

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