force majeure clause
1) precarious character
The parties acknowledge that the signing of this agreement takes place in uncertain times as a result of a pandemic and/or energy crisis and/or climate crisis and/or political crisis and the associated problems and unexpected events that are beyond the will and/or control of the organization take place.
2) impossibility of execution
If a case of force majeure or its consequences make it impossible for one of the parties to perform the obligations, such as:
- a ban on events,
- a ban on international movements,
- health measures imposed by the government,
- social unrest,
- illness or associated health measures,
- any other unforeseen circumstance and/or event,
then the obligations of that party will not be suspended (unless a suspension of the performance of the obligations can be useful, whereby both parties must record the rules of such suspension in writing), but both parties are immediately released from their contractual obligations.
Are considered as force majeure: any unforeseen circumstance and/or event that makes a correct and/or timely execution of the assignment impossible according to reasonable standards, but which is not due to an error on the part of BEVAS, such as war, terrorist attack, explosion, death, natural disasters, earthquake, flood, volcanic eruption, pandemic, disease, strike, government action, interruption in energy supplies, etc.
With regard to the advances already paid, the parties agree that the advances will be refunded. With regard to the costs that BEVAS has incurred or to which it has committed itself before the impossibility manifested itself, the parties agree that these costs will be reimbursed on demand by the party that has given the assignment to BEVAS, subject to submission of the necessary supporting documents. .
BEVAS is entitled to implement compensation with the advances already paid.
In the event of force majeure, BEVAS cannot be held liable by the client for any damage suffered (including consequential damage).
3) significantly tightening commitments
If an unforeseen circumstance and/or government measures or their consequences significantly and/or disproportionately complicate the performance of the obligations by one of the parties, such as as a result of changes of an economic, financial, medical or technical nature, which are outside BEVAS’s control, occurs after the signing of the agreement, and which could not reasonably have been known to occur, then it goes without saying that the parties to this agreement do not intend to pursue any advantage which might cause due to extraordinary and/or unforeseen circumstances. In such case, the parties acknowledge that these changes would disrupt the economic equilibrium of this Agreement in such a way, and/or unforeseen increase the costs of the performance and that these changes would give rise to disproportionate damage to BEVAS, such as but not limited to increased costs as as a result of prevention measures, or reduced revenues as a result of a limitation of the number of participants, then (a) the existing agreement expires and the parties undertake to review and renegotiate the existing agreement in the spirit of objectivity and fairness that underpins the relationship between the parties (to the extent that this makes sense in view of the nature of the engagement), or (b) the consequences will be the same as those described under IMPOSSIBILITY TO PERFORM, at the discretion of BEVAS, which is bound to act in good faith. to trade.
4) duty of notification
The party confronted with the impossibility or significant aggravation to perform its obligation must inform the other party of this as soon as possible, but in any case no later than 5 working days from the date on which the affected party becomes aware of the force majeure situation or the significant aggravation, to notify. The affected party not only notifies the impossibility or the significant aggravation, but also gives notice of its intention to invoke this clause. The notification contains all relevant information available to the affected party. The notification must be made by registered mail or by e-mail, with the counterparty returning an acknowledgment of receipt within the first 24 working hours.