Force Majeure Clause, Impossibility, Impracticability, Frustration of Purpose for MSPs

Managed Service Providers need to look at the contract to see if a force majeure clause exists. They need to determine what constitutes a force majeure event, the scope of the excuse for performance, notification obligations and whether or not the other party has an obligation to mitigate. Without a force majeure clause, Managed Service Providers need to build a defense if their performance is impossible, impracticable or frustrates the purpose for the underlying agreement.