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PLAYBOOK TEMPLATES
Joint Defense & Common Interest Agreement
A Joint Defense & Common Interest Agreement protects privileged communications among aligned parties in litigation. This playbook provides guidance on scope, waiver risks, and confidentiality obligations.
Table of Contents
Force Majeure & Hardship
Negotiation strategy
Ensure the clause includes a comprehensive list of force majeure events and clear notice requirements. Advocate for reasonable relief measures that align with business goals.
Negotiate for a balanced clause that includes mutual agreement on specific events and reasonable mitigation obligations. Ensure the clause does not overly favor the other party.
Essential elements
1
Definition of Events
List of force majeure events.
2
Notice Requirement
Timeframe for notifying the other party.
3
Mitigation Efforts
Obligations to reduce impact.
Action framework
ACCEPT
Propose edits if the clause lacks specific events or clear notice periods.
EDIT
Reject if the clause is overly vague or lacks mutual agreement.
ADD
Add language to include jurisdiction-specific requirements or additional relief measures.
PRO TIP
Always tailor force majeure clauses to the specific risks of the transaction and jurisdiction.
Real-world examples
FAVORABLE
Comprehensive Force Majeure Clause
"Force Majeure Events shall include, but not be limited to, acts of God, war, terrorism, civil unrest, strikes, lockouts, labor disputes, embargoes, governmental orders, pandemics, natural disasters, or any other events beyond the reasonable control of the affected party."
NEUTRAL
General Force Majeure Clause
"Force Majeure Events include any events beyond the control of the parties that prevent performance, subject to mutual agreement on specific events."
UNFAVORABLE
Vague Force Majeure Clause
"Force Majeure Events are any unforeseen events that may impact performance."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure the clause includes detailed mitigation and relief measures to address potential disruptions.
International Contracts
For international contracts, consider the impact of cross-border regulations and include specific jurisdictional requirements.
Long-Term Agreements
In long-term agreements, include periodic reviews of the force majeure clause to adapt to changing circumstances.
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