Hardship Waiver

Hardship Waiver Template for Denmark

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Document background

This document is essential in complex commercial arrangements under Danish law where parties seek to enhance contractual certainty by eliminating the possibility of contract modification or termination due to hardship. A Hardship Waiver becomes particularly relevant in long-term contracts or in situations where market volatility could significantly impact the original balance of the contract. The document typically includes detailed provisions specifying the scope of rights being waived, acknowledgments of understanding, and often requires independent legal advice to ensure enforceability. It operates within the framework of Danish contract law and may need to consider both domestic legislation and EU regulations. The waiver is commonly used in conjunction with major commercial contracts, particularly in sectors where market conditions are subject to significant fluctuations.

Suggested Sections

1. Parties: Identification of all parties to the waiver, including full legal names, registration numbers, and addresses

2. Background: Context of the waiver, including reference to the main agreement(s) and the business relationship between the parties

3. Definitions: Key terms used in the waiver, including specific definition of 'hardship' under Danish law and what constitutes changed circumstances

4. Scope of Waiver: Detailed description of which hardship rights are being waived, with specific reference to relevant provisions of Danish law

5. Acknowledgments: Statements confirming that each party understands the implications of the waiver and has received independent legal advice

6. Duration: Period for which the waiver remains effective, including any trigger events that might affect its validity

7. Governing Law and Jurisdiction: Confirmation of Danish law as governing law and designation of competent courts

8. Execution: Signature blocks and execution formalities compliant with Danish law requirements

Optional Sections

1. Carve-outs: Specific exceptions to the hardship waiver that remain valid, used when parties wish to maintain certain hardship rights

2. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration, included when parties prefer alternatives to court litigation

3. Related Agreements: Reference to other agreements affected by the waiver, used when multiple contracts are involved

4. Severability: Provisions for maintaining validity if parts are found unenforceable, included in more complex arrangements

5. Force Majeure Distinction: Clear differentiation between hardship and force majeure, included when force majeure rights are to be preserved

6. Reporting Requirements: Obligations to notify of potential hardship situations, included when ongoing business relationship requires transparency

Suggested Schedules

1. Schedule 1 - Affected Agreements: List of all agreements to which the hardship waiver applies, with key details and reference numbers

2. Schedule 2 - Specific Waived Rights: Detailed enumeration of specific hardship rights being waived, with reference to relevant legislation

3. Appendix A - Legal Opinion: Independent legal opinion confirming the validity and effect of the waiver under Danish law

4. Appendix B - Corporate Approvals: Copies of relevant corporate authorizations for entering into the waiver

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