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District Court for the District of Maryland. From to , he was an assistant U. Price received a B. Price O. Secretary Phyllis Ransom [email protected]. As parties review their existing contractual relationships and consider new transactions, they should pay particular attention to force majeure provisions.

Many commercial contracts — including lease agreements, construction contracts and loan documents — contain a force majeure provision. Force majeure provisions are either exclusive or non-exclusive. On the other hand, an exclusive provision excuses a failure to perform only if caused by a factor that is expressly stated in the contract. In these uncertain times, parties seeking to understand their rights and obligations under existing contracts, and the risks and consequences of new deals, should scrutinize the applicability, scope and effect of force majeure provisions when determining how to proceed.

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