The Conditions on the Parties’ Charges

The sweeping exemption clauses that restrict the charges incurred by a party to the contract or exempt him entirely from them as a result of events beyond his control will generally be construed as forward – looking and not applicable to circumstances known or expected at the time the contract was entered.

If one asks the parties to the contract to waive or condition his liability for the fulfillment of a charge, he has taken under the agreement, or to exempt himself from such liability, in so far as a particular event occurs which is beyond his control but known at the time of contract, he must do so explicitly.

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