13. Oktober 2021

Verbal Ancillary Agreements

Filed under: Allgemein — @ 19:19

Existing contracts: take stock of existing contracts, including any amendments, subsidiary documents or oral agreements, to determine which contracts are likely to be affected by the ongoing pandemic, and categorise these contracts according to the degree of importance – for example. B based on the extent to which these are critical to the business or reach a threshold of financial importance – so that key contracts before high-level analysis. The time limit for delivery of goods and services shall be determined on the basis of the contractual agreements concluded in accordance with point 2. Compliance with the delivery time assumes that all documents to be provided by the customer as well as all authorizations, authorizations, clarifications and approvals of the plans are carried out in a timely manner and that the payment terms and other agreed obligations of the customer are duly fulfilled. If these conditions are not fulfilled in good time, the time limit shall be duly extended. If the delivery or performance deadline is not met due to a demonstrable mobilization, war, riot or strike, lockout or unforeseeable situation, the deadline is also extended appropriately. If the supplier is in arrears with delivery for reasons that are exclusively attributable to its subcontractors or if the delay results from its own negligence, the supplier is not liable for the damage suffered by the customer. This clause does not affect liability in the event of gross negligence or premeditation. Compliance with the delivery obligations by the supplier presupposes the timely and orderly performance of the customer`s own obligations. NEGOTIATING NEW CONTRACTS IN THE CONTEXT OF COVID 19 Although the impact of the pandemic is different for each sector and for each contractual relationship, the next section of this introduction highlights some contractual provisions that the parties should consider more carefully when concluding continuous performance contracts in these turbulent times; Also note that other forms of agreements, including acquisition and investment agreements, will raise different issues. We assume that some of the following considerations will remain relevant in contract negotiations even after the pandemic, as the parties will draw on their experience to deal with this crisis to mitigate the negative consequences of a similar event to come. .

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