Structuring Termination Clauses in Commercial Contracts: Force Majeure, Impossibility, Frustration of Purpose, Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will guide business counsel through legal concerns in negotiating termination and suspension provisions contained in commercial contracts drafted in a pre-pandemic world, as well as the considerations for such provisions in the post-pandemic economic environment. Other considerations and means of limiting liability and damages will also be discussed.
- Termination provisions generally
- Triggering events
- Default provisions
- Force majeure
- Impossibility/frustration of purpose
- Increased costs
- Equitable relief
- Other damages
The panel will review these and other relevant topics:
- What triggering events and provisions should an attorney consider when drafting a commercial agreement?
- How can counsel tailor force majeure provisions in agreements during COVID-19?
- When does impossibility or frustration of purpose arise in the performance of a commercial agreement?
- How can damages be assessed in termination provisions to include the added costs of performance due to delays?
- When and how should parties seek equitable relief in commercial agreements?
Darren W. Dummit
Mr. Dummit's practice focuses on the defense of claims in a wide variety of areas, including commercial, real... | Read More
Mr. Dummit's practice focuses on the defense of claims in a wide variety of areas, including commercial, real estate, healthcare, and employment litigation, in addition to representing and advising start-ups and growth companies in the entertainment, tech, and cannabis space.Close
Robert B. Milligan
Mr. Milligan Co-Chairs the firm's Trade Secrets, Computer Fraud & Noncompetes Practice Group. His practice... | Read More
Mr. Milligan Co-Chairs the firm's Trade Secrets, Computer Fraud & Noncompetes Practice Group. His practice encompasses a wide variety of commercial litigation and employment matters, including general business and contract disputes, unfair competition, trade secret misappropriation and other IP theft, franchise litigation, and other business torts. His practice focuses on trade secret, noncompete and data protection litigation and transactional work on a state, national and international platform. Mr. Milligan serves as Chair of the ABA Intellectual Property Section’s Trade Secrets and Tortious Interference Committee.Close