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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the affected partyies from the performance of some or all contractual obligations, and from the consequences of a failure to perform those obligations, where performance is rendered effectively impossible by unforeseen, extraordinary events or circumstances beyond the control of the affected parties. The significant commercial impact brought on by the COVID-19 pandemic and resultant government shutdowns and restrictions appeared ripe to trigger these clauses and spawn significant litigation.

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