Unforeseeable and unexpected Sample Clauses

Unforeseeable and unexpected. In this regard, a distinction should be made between agreements (i) entered into before COVID- 19 was first identified (i.e. in December 2019), and those (ii) entered into subsequently thereto. - In the case of agreements entered into before the outbreak of COVID-19: it may be assumed that the consequences of COVID-19 were unforeseen and unexpected. In this respect, it is worth noting that, given that epidemics are rather frequent in our days (e.g. SARS, Ebola and other severe flu outbreaks), it could be argued that epidemics should not be considered as unforeseeable events; whereby they should be contemplated in the contract; and hence, should not be deemed events of Force Majeure. Nonetheless, given (i) the extent to which COVID-19 has spread (and its characterization as a pandemic by the WHO), and (ii) the measures taken globally as a result thereof, it may reasonably be argued that it was unforeseen and unexpected; and therefore, this condition is met, especially since this is not a normal risk of doing business. - In the case of agreements entered into after the outbreak of COVID-19: it could be more difficult to argue that the consequences of COVID-19 were unforeseen and unexpected, given the speed and intensity with which it spread; as well as the drastic measures promptly taken globally in order to control it.
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