A typical mistake: "The parties are released from liability in the event of force majeure." This allows the partner to declare force majeure in any circumstances.
The right structure:
- A list of specific events (war, strike, embargo, pandemic as declared by the WHO).
- An obligation to give notice of force majeure within 48 hours, with evidence.
- Force majeure lasts no longer than 30 days, after which there is a right to terminate.
- Force majeure does not release a party from paying for work already performed.