Force Majeure Clause in Contracts
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If the Force Majeure Clause is properly written, with the help of a risk management specialist, then your contracts will be more robust. Is something happens and one of the party invokes Force Majeure, then there will be less discussions, less chances to enter into litigation, and the situation will be resolved faster and cheaper.
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Force Majeure
Force majeure clauses excuse parties from contractual obligations when unexpected events outside their control occur. Well-drafted commercial contracts contain force majeure clauses that specify the extent obligations are excused. Factors to consider include your role, relevant circumstances, and risks. The definition of a force majeure event should be tailored based on whether you are more or less likely to rely on the clause.
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Termination Clauses: Getting It Right!
Termination clauses are important to include in employment contracts to control costs and avoid uncertainty, but they can be difficult to enforce. Recent case law shows that courts will only enforce termination clauses that are clear, unambiguous, and do not attempt to contract out of common law or statutory entitlements. To get the clauses right, they must be entered into with consideration at the start of employment, explain what entitlements employees are waiving, and not leave any room for ambiguity about pay and benefits on dismissal.
Eot
This document discusses extension of time (EoT) clauses in construction contracts. It provides definitions and examples of force majeure events that can provide grounds for an EoT, such as acts of God, vis major events, and exceptionally inclement weather. It also discusses civil commotion, strikes, and lockouts as events in clause 23.8(d) that can result in an EoT. The document reviews case law that interprets these clauses and whether certain events qualify for an EoT or not. It also notes new provisions in clause 23.8 and discusses the process for reviewing and granting an EoT after default or practical completion.
Distribution Agreements
This document discusses distribution agreements and compares them to agency agreements. It notes that a distributor buys goods to resell independently within a territory, adding a profit margin, while an agent negotiates contracts on behalf of the supplier. The document outlines advantages and disadvantages of distribution, such as passing risk to the distributor but giving up some control. It also discusses considerations like the distributor's financial health and the extent of their appointment within an exclusive or non-exclusive territory.
Breach of contract (1)
The document discusses various ways in which contracts can be discharged or terminated:
1. Performance of the contract terms by both parties.
2. Mutual consent or agreement between the parties, such as novation, alteration, rescission, remission, or waiver.
3. Lapse of time, such as the expiration of a limitation period barring a legal claim or remedy.
4. Operation of law, including merger, unauthorized document alteration, or insolvency.
5. Breach of contract by one party.
Determination of building_contracts
This document discusses various ways that a building contract can be determined or prematurely ended, including:
1) Determination by the employer or contractor due to breach of contract or insolvency of the other party.
2) Premature determination if a supervening event such as illegality, impossibility, or commercial sterility frustrates the purpose of the contract.
3) Force majeure events like acts of God that render performance impossible can also result in premature determination.
The duties of the employer and contractor are outlined depending on who determines the contract.
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Riskope new web site announcement
Riskope has moved to their new site.
All our freely downloadable documents and blog will be stored there from now on.
Come visit, follow and register as readers.
Rational Risk and Crisis Management Course
This course is suitable for anyone who is involved in process hazards, risk quantification and preparation of 360 degrees, holistic, ISO 31000 compliant Risk Assessment for business, operations, projects.
The methodologies introduced in this course will greatly benefit money lenders, insurers in addition to corporate managers, upper management.
You should attend if you:
Want to do your best to ensure your business survival by proactively managing risks and crises.
Want to ensure healthy coverage (as an insurance, as an insured) and money lending (as a debtor, as a lender).
Want to be able to understand how the situation around and inside your company evolve and want to make sure you take advantage of the opportunities that arise.
Care about your workers, people, society and understand that it is important to leave a legacy that is better than the one you received.
Capitalize on the expert knowledge to gain maximum value on these vital issues:
IDENTIFY the risks that really matter and have the potential to disrupt your business
CONVINCE money lenders that your business will be sustainable in a world of shrinking credits
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Es probable que en su empresa use una matriz semejante a una herramienta de ERM. (Manejo de Riesgo Empresarial, por sigla en inglés) ¡Su negocio merece algo mejor que esta primitiva herramienta! Dirija su empresa usando toda la información disponible resumida en un Puesto de Mando Corporativo, ORE! Estimación de riesgo óptima. Ahora puede manejar con seguridad.
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Oboni02 castellano
Toma De Decisiones Basada
En Riesgo En La Minería y Otras Industrias
SEGUNDA PARTE
Al final de esta presentación habrán aprendido a:
Iniciar un plan de gestión de riesgo y manejo de crisis (R&CMP, por su sigla en inglés)
Obtener el máximo retorno sobre la inversión de su R&CMP
Integrar de forma transparente los riesgos positivos (ganancias) y negativos (exposiciones, crisis) en el proceso de toma de decisiones
Estar “más conscientes” del panorama general
Priorizar de manera adecuada las inversiones en mitigación contra las exposiciones a riesgos y crisis
Oboni01 castellano
Toma De Decisiones Basada
En Riesgo En La Minería y Otras Industrias
Al final de esta presentación habrán aprendido a:
Iniciar un plan de gestión de riesgo y manejo de crisis (R&CMP, por su sigla en inglés)
Obtener el máximo retorno sobre la inversión de su R&CMP
Integrar de forma transparente los riesgos positivos (ganancias) y negativos (exposiciones, crisis) en el proceso de toma de decisiones
Estar “más conscientes” del panorama general
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Comparing Alternatives Using CDA-ESM
Abstract: Two case studies: 1) introducing an inpit crushing & conveying system v.s. shovel &
trucking in a large dump reclamation project and 2) long term pumping v.s. encapsulation of a
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level and the other quantitatively at the preliminary design level.
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procedures can efficiently pinpoint weakness areas, leading to better decisions and thus
appropriate mitigations. At the preliminary design level we show innovative approaches, which
eliminate the pitfalls of Net Present Value (NPV), a financial evaluator still used by many. The
NPV is replaced by an analytical tool called Comparative Decision Analysis/Economic Safety
Margin (CDA/ESMTM), used to compare alternatives in financial terms including: a) life’s cycle
balance encompassing internal and external risks over a selected duration, b) project
implementation and demobilization costs and risks. CDA/ESM has been successfully applied to:
rope v.s. road transportation, surface v.s. underground solutions, environmental projects,
transportation networks and go/nogo decisions.
Résumé: Deux études de cas sont présentées: 1) Introduction dans une mine à ciel ouvert d'un
concasseur couplé à une courroie transporteuse en remplacement de la classique solution
excavatricecamionnage pour la mise en demeure des stériles, 2) Pompage comparativement à
l'encapsulation a long terme d'un très grand stockage souterrain des déchets toxiques. Le but est
de montrer que les risques devraient être utilisés comme paramètre discriminant pour opérer des
décisions rationnelles, conduisant à la réussite de la planification à long terme, et ceci depuis le
début de n'importe quel projet. Le 1er cas est traité qualitativement au niveau de la préfaisabilité,
les autres quantitativement au niveau de la conception préliminaire.
Au niveau de préfaisabilité, il est démontré que les méthodes graphiques de pair avec des
procédures simples peuvent identifier efficacement les zones de faiblesse et de conduire à de
meilleures décisions, ce qui permet une réduction appropriée des risques. Au niveau de la
conception préliminaire, nous montrons des approches novatrices qui permettent d'éliminer les
pièges de la valeur actuelle nette (VAN), un outil financier encore généralement utilisé. La VAN
est remplacée par un outil d'Analyse Comparative de Decision / Marge de Sécurité Economique
(CDA/ESMTM), qui sert à comparer des alternatives en termes financiers, notamment: a) le cycle
de vie englobant les risques internes et externes, au cours d'une durée sélectionnée, b) le coûts et
les risques d'implémentation et de démobilisation . La CDA/ESMTM a été appliquée avec succès
au mode de transport par câble contre celui routier; aux solutions de surfaces contre celles sous
terraines, à des projets environnementaux , des réseaux de transport et des décisions oui/non.
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一比一原版新西兰奥塔哥大学毕业证（otago毕业证）如何办理
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【业务选择办理准则】
一、工作未确定，回国需先给父母、亲戚朋友看下文凭的情况，办理一份就读学校的毕业证【微信：A575476】文凭即可
二、回国进私企、外企、自己做生意的情况，这些单位是不查询毕业证真伪的，而且国内没有渠道去查询国外文凭的真假，也不需要提供真实教育部认证。鉴于此，办理一份毕业证【微信：A575476】即可
三、进国企，银行，事业单位，考公务员等等，这些单位是必需要提供真实教育部认证的，办理教育部认证所需资料众多且烦琐，所有材料您都必须提供原件，我们凭借丰富的经验，快捷的绿色通道帮您快速整合材料，让您少走弯路。
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
→ 【关于价格问题（保证一手价格）
我们所定的价格是非常合理的，而且我们现在做得单子大多数都是代理和回头客户介绍的所以一般现在有新的单子 我给客户的都是第一手的代理价格，因为我想坦诚对待大家 不想跟大家在价格方面浪费时间
对于老客户或者被老客户介绍过来的朋友，我们都会适当给一些优惠。
选择实体注册公司办理，更放心，更安全！我们的承诺：可来公司面谈，可签订合同，会陪同客户一起到教育部认证窗口递交认证材料，客户在教育部官方认证查询网站查询到认证通过结果后付款，不成功不收费！
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Introduction
The global retail industry has weathered numerous storms, with the financial crisis of 2008 serving as a poignant reminder of the sector's resilience and adaptability. However, as we navigate the complex landscape of 2024, retailers face a unique set of challenges that demand innovative strategies and a fundamental shift in mindset. This white paper contrasts the impact of the 2008 recession on the retail sector with the current headwinds retailers are grappling with, while offering a comprehensive roadmap for success in this new paradigm.
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Force Majeure Clause in Contracts
- 1. Riskope Force Majeure Clause in Contracts By F. Oboni & C. Oboni Riskope International SA © 2010 www.riskope.com 1 Riskope's blog
- 2. When an accident occurs we all want to resolve the situation quickly and efficiently. Sometimes litigation will make us waste time and money... in the aftermath of an accident. Riskope International SA © 2010 www.riskope.com 2 Riskope's blog
- 3. Litigation is usually started based on: -Interpretation divergences • -Improper lingo -Omissions • Lawyers try to cover all possible issues when writing contracts Riskope International SA © 2010 www.riskope.com 3 Riskope's blog
- 4. The Force Majeure clause is one of the key elements in any commercial contract. As Risk Managers we detect a widespread lack of clarity in the formulation of the clause of Force Majeure which can impair accident resolution. Riskope International SA © 2010 www.riskope.com 4 Riskope's blog
- 5. The Force Majeure clause has potential to reduce discussions and potential litigation in the aftermath of an uncommon event, which is equivalent to “sparing time”, or reduce the impact of the mishap. If addressed properly! However let's see how it is addressed now... Riskope International SA © 2010 www.riskope.com 5 Riskope's blog
- 6. From a contract: ...the term “event of Force Majeure” means an act of God, action of the elements, strike, lockout, work stoppage or other industrial disturbance, war , blockade, public riot, lightning, fire, storm, flood,... Then why not include: seismic, meteorological extremes events, solar and nuclear radiation, terrorism, sabotage, information warfare/hacking,...? Riskope International SA © 2010 www.riskope.com 6 Riskope's blog
- 7. The problem is that the list can expand to infinity...but in practical terms it has to be written in such a way that: The list of potential hazards which possibly lead to a Force Majeure event is balanced: i.e. it has to be either generic or detailed, but should be consistent). But let's not stop here! Riskope International SA © 2010 www.riskope.com 7 Riskope's blog
- 8. From the same contract: ...the event was not due to the fault or negligence of the affected party or requested, promoted or caused by it; Negligence and fault : should be defined in this particular contractual environment to avoid being regarded, or not, as a Force Majeure! Riskope International SA © 2010 www.riskope.com 8 Riskope's blog
- 9. And also: ...such party has taken any reasonable precautions against such event of Force Majeure and any reasonable alternative measures of performing its obligations; Again reasonable precautions and reasonable alternative: should be defined in this particular contractual environment to avoid being regarded, or not, as a Force Majeure! And so on... Riskope International SA © 2010 www.riskope.com 9 Riskope's blog
- 10. Force Majeure, negligence, fault, reasonable precautions, reasonable alternative etc... are all terms that need to be clarified and defined before the contract is signed. Riskope International SA © 2010 www.riskope.com 10 Riskope's blog
- 11. How to perform that task ? Optimization will take the form of a more detailed explanation of terms, definition of threshold values (quantified), definition of mitigative levels that are considered “common practices” or “best practices”, and therefore a definition of negligence, as well as the limiting value of Force Majeure. Riskope International SA © 2010 www.riskope.com 11 Riskope's blog
- 12. Thus the optimization of Force Majeure formulation constitutes an important proactive mitigative measure with very large ROI (Return On Investment). It will reduce discussions and litigation in the aftermath of an uncommon event, which is equivalent to “sparing time”, or reduce the impact of the mishap. Riskope International SA © 2010 www.riskope.com 12 Riskope's blog
- 13. Contact Riskope to discuss how we can support you in optimizing your next contract's Force Majeure clause. coboni@riskope.com Riskope International SA © 2010 www.riskope.com 13 Riskope's blog