Force Majeure Clause, Impossibility, Impracticability, Frustration of Purpose for MSPs
Managed Service Providers need to look at the contract to see if a force majeure clause exists. They need to determine what constitutes a force majeure event, the scope of the excuse for performance, notification obligations and whether or not the other party has an obligation to mitigate. Without a force majeure clause, Managed Service Providers need to build a defense if their performance is impossible, impracticable or frustrates the purpose for the underlying agreement.
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