While the “term” clause is often linked to the termination clause, each clause is subject to different substantive considerations. It is therefore recommended that they be treated in two separate clauses. Value-risk analysis: the inclusion of a force majeure provision protects both parties by allowing an excused, deferred or suspended performance, or even termination of the contract, when their performance is prevented by certain types of catastrophic events that are beyond the control of the parties. Force majeure provisions are considered to be inclusive building blocks in commercial contracts. Coverage of epidemics, pandemics and quarantine is not protected. Parties who do not include in their contract a force majeure provision may constitute an offence under the agreement for reasons not under their control. With regard to the explicit exclusion of the covid 19 pandemic from the scope of force majeure, the value is that the parties are able to reach an agreement during the pandemic crisis, provided that the current crisis is already taken into account in the risks incurred by the parties and is not grounds for excuse. On the other hand, the Covid 19 pandemic may be explicitly excluded, i.e. the parties will not be able to increase the force majeure if the pandemic changes radically or deteriorates sharply.

The duration of the agreement usually begins from its entry into force. Caution should be exercised if you choose to start the term on another date. Comment: This language of example is provided for parties who enter into contracts in the middle of the Covid 19 pandemic who want to ensure that current circumstances are not considered force majeure events at the time of execution. The “Duration” clause defines the period during which the agreement is effective, subject to a previous termination, in accordance with its terms. Not all agreements have a defined duration (for example. B purchase and sale agreements). But many of those who do will also give one or both parties the right to extend the agreement on one or more additional conditions. As a general rule, the EULAs are effective until termination and grant the licensee a permanent right to use the Software.

Agreements rarely define the respective version of the software. However, it may be preferable to grant a permanent license to a given version, to set the rights for subsequent updates and maintenance packages, and the price of those versions. Extended to new conditions. If [PARTY B] opts for an extension in accordance with paragraph [OPTIONS FOR RENEWAL], the parties enter into a new franchise agreement under the current form of [PARTY A]`s franchise agreement at the time. If you choose the term to end in one condition, make sure that the condition is clearly defined, either in that term clause or in a separate appendix to the agreement.