Jurisdiction(s):
United Kingdom

Key definition

Use definition

What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...

Model Hardship Clause: definition, notice and evidence, good faith renegotiation, escalation to chief executives, optional termination, carve-outs, rights preserved, and no suspension of performance

Published by a LexisNexis Commercial expert

Precedents

Hardship

Hardship means [ , subject to clause [ 1.6 OR 1.7 ] , ] a [ fundamental OR material ] alteration in the equilibrium of a party’s benefits and obligations under this Agreement, brought about by a [ legal, technical, political, economic or financial ] event (or events) that arises [ or the impact of which becomes known to the affected party ] during the Term of this Agreement and which:

is not a [ insert (eg ‘Force majeure Event’ or ‘circumstance to which clauses [X] or [Y] relate’) ];
[ except in the case of the circumstances referred to in [ insert reference eg to clause 1.6 or 1.7 if appropriate ], ] could not reasonably have been foreseen, mitigated or avoided by the Disadvantaged Party at the time of execution of this Agreement;
is outside the control of [ the Disadvantaged Party ];
and the risk of which is not otherwise assumed [ (expressly or by implication) ] by [ the other party OR the Disadvantaged Party ] under this Agreement...

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Web page updated on 22/05/2026

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