Pub. 2 2013 Issue 1
16 San Diego Dealer included in the contract itself. While the inclusion of an integration provi- sion in a contract is not usually something to be avoided, it is important to understand its purpose and to make sure that your understanding of the terms is included in the contract itself and that you are not relying on oral promises outside of the contract. 3. ForceMajeure Events. Many service providers and other contract- ing parties include force majeure provisions. Force majeure is French for McKenna Long & Aldridge LLP blends seasoned attorneys and advisors to convert changes and challenges into opportunities and solutions for our clients. With more than 575 attorneys and public policy advisors in 13 offices and 18 practices, we serve local, regional, national and international clients, Fortune 500 corporations, private corporations, governmental agencies, non- profits, and high net worth individuals. We define our success by efficiently meeting our clients’ goals with our firm’s strong foundation and a unique perspective. We are innovative. We are strategic. We are tactical. Albany l Atlanta l Brussels l Denver l Los Angeles l New York Orange County l Rancho Santa Fe l San Diego l San Francisco l Washington, DC mckennalong.com a superior power and these provisions exempt a party from fulfilling its duties under certain circumstances. For example, a manufacturer may be relieved of its duty to deliver cars to an auto dealer during a time of war. While there may be some situations in which some provisions are appropriate, an auto dealer should be very careful to review the included force majeure events to determine their appropriate applicability and the impact of non-performance by the other party on the auto dealer in such event. For example, should a payment obligation ever be subject to a force majeure event? Probably not. Also, even though it is Continued from page 15
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