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“Crap! We added ‘pandemic’ to our force majeure provisions, but no one told us to add ‘Arctic outbreak’ or whatever the freak you call this!” Drafters are always refighting the last FM war. Instead, play a long game and lose the parade of horribles. See https://t.co/lLkFG3UM0p https://t.co/z9T1THoHJ8 — Ken Adams (@AdamsDrafting) February 20, 2021 That’s […] The post Don’t Keep Refighting the Last Force-Majeure Battle appeared first on Adams on Contract Drafting.
You might well be aware of the dispute between AstraZeneca (AZ) and the European Commission (EU) over supplies of AZ’s COVID-19 vaccine. (Go here for an account from the Guardian.) The EU has made the contract available the public (here). AZ’s obligation to use “Best Reasonable Efforts” has attracted attention, but no one is suggesting […] The post Section 13.1(e) of AstraZeneca’s Contract with the European Commission: Statements of Fact or Future Facts? appeared first…
At the onset of the pandemic, I declined the opportunity to do an online version of my in-person Drafting Clearer Contracts seminar. But over time, we’ve all gotten used to Zoom. Yes, in-person presentations are more fun, and it’s easier for participants to engage. On the other hand, doing presentations remotely offers compelling efficiencies. And […] The post The Return of “Drafting Clearer Contracts” Presentations appeared first on Adams on Contract Drafting.
This past week I wrapped up the first three series (apart from trial series) of my new online course Drafting Clearer Contracts: Masterclass. On thing that’s clear is that for many people, pandemic life is hectic. I ended up moving several people to a later series because of some crisis or other. And plenty of […] The post Masterclass: Some Early Feedback appeared first on Adams on Contract Drafting.
This past week I wrapped up the first three series (apart from trial series) of my new online course Drafting Clearer Contracts: Masterclass. On thing that’s clear is that for many people, pandemic life is hectic. I ended up moving several people to a later series because of some crisis or other. And plenty of […] The post Masterclass: Some Early Feedback appeared first on Adams on Contract Drafting.
The pandemic has aggravated my tendency to lurk on EDGAR, the U.S. Securities and Exchange Commission’s database where public companies file their “material” contracts. Now I dream up the weirdest things I can think of, then I look for them on EDGAR. “Throat-clearing” is when a redundant verb structure is tacked on to the front […] The post More Throat-Clearing Madness! appeared first on Adams on Contract Drafting.
A force majeure provision in a contract expresses that if something sufficiently bad happens that isn’t under a party’s control, it would be appropriate to suspend performance. Given the coronavirus pandemic, a handful of readers suggested that I write something about force majeure provisions. Initially I demurred—I thought I’d already had my say in previous […] The post Force Majeure in the Time of Coronavirus appeared first on Adams on Contract Drafting.