The Agreement shall also be suspended or terminated in the event of a force majeure.
A force majeure includes […].
In any case, the duration of the suspension due to a force majeure will not exceed four months, and the conditions for possible resumption of services will be determined between the Client and the Consultant. Beyond four months, the Agreement shall be considered as being terminated by default.
To explore this point further: Examples of Force Majeure clauses
Example of force majeure
The parties define force majeure as any unforeseeable, irresistible event resulting from external circumstances, rendering the performance of the Contract impossible.
The Parties shall not be held liable for the non-performance of their obligations in the event of a force majeure situation. Events qualifying as force majeure include but are not limited to war, general labour strikes, epidemic diseases, quarantine, fire, exceptional floods, accidents, or other events beyond the control of both parties.
In the event of force majeure, the Contract shall be suspended until the force majeure event has ended or its effects have ceased. However, if the situation is not resolved within XX days, the Parties shall meet to discuss an amendment to the contract.
If the discussion fails, the contract shall be automatically terminated, without compensation on either side, by the party to act first, by means of a registered letter with acknowledgment of receipt addressed to the other party.
In the event that the contract is terminated by the Client, the Client undertakes to pay the Service Provider for all unpaid and completed Services as of the date of termination, as well as for any costs incurred due to the termination.
Example of force majeure in Common Law
Neither party shall be held liable for any failure to fulfil its contractual obligations if such failure results from an event of force majeure, defined as an unforeseeable, unavoidable event beyond the control of the parties.
Events constituting force majeure include, but are not limited to: natural disasters, wars, acts of terrorism, pandemics, government restrictions, widespread strikes, and major disruptions to transportation or communication networks.
In the event of force majeure, the affected party must notify the other party within 10 calendar days and propose mitigation measures. If the situation continues beyond 90 days, either party may terminate the contract without compensation.