To prepare your redeployment, turn the threat of your hardship clauses into an opportunity.
Of course, there will be an afterthought, no doubt different, and you will have to restart, start over.
In the meantime, you have to manage the crisis, keep your business going and prepare it to start again.
The time has come for hardship clauses, those clauses often forgotten in your long-term or successively executed contracts, those that can represent a real threat to the continuity of your business or an opportunity for favorable renegotiation.
These clauses, very varied in their wording, invite the parties to renegotiate the contractual balance when it is upset by one or more exogenous factors.
The parties, sometimes one more than the other, had foreseen this and negotiated it carefully, just in case.
Many companies today realize or remember the presence of such a clause in their most structuring commitments and find themselves helpless when it comes to applying them.
Sometimes contracts do not contain such clauses, yet there is no doubt that conditions have changed. What can I do?
In France, the law provides for other mechanisms which, although different, may in some cases be applied, such as force majeure (very restrictive) or unforeseen circumstances which, precisely, is intended to help the parties in the event that nothing has been provided for.
Other legal systems also provide for alternatives.
The question is certainly a legal one and no doubt deserves the attention of lawyers but it is above all a business issue, so …
- Do not hesitate, send us your hardship clauses and we will help you to analyze them and to take up the challenge of the negotiations they induce.
iDeal Makers, supports start-ups and Midsize companies by assisting them in their complex negotiations (partnerships, JVs, acquisitions, fund raising, renegotiations, etc.) for which they often lack resources and expertise.
Our speciality is to share with our clients a process, negotiation techniques inspired by Harvard methods that we have enriched, and a new way of closing deals by offering them a complete range of services from strategy analysis to closing and implementation of the deal. These same methods can be used for the resolution of conflict situations (negotiations in the context of hardship clause activation, exit negotiations, conflict management, …).