NEWSLETTER-2020-metin

4 NEWSLETTER 2020 in their contract the Short Form. The FM Clause 2020, nevertheless, gives guidance on issues upon which the Short Form is silent. FM Clause 2020 Structural Changes In principle, the FM Clause 2020 follows the structure of the FM Clause 2003, while bringing certain novelties in terms of its structure. These novelties aim to create a user-friendly and easy-to-understand text, not only for lawyers, but for the parties, as well. Whereas the FM Clause 2003 formerly only described force ma- jeure, the FM Clause 2020 includes definitions of “Force Majeure” and “Affected Party”, as well as paragraph headings. “Force Majeure” is defined, as follows, in the first paragraph of the FM Clause 2020: ““Force Majeure” means the occurrence of an event or circum- stance (“Force Majeure Event”) that prevents or impedes a party from performing one or more of its contractual obligations under the contract, if and to the extent that the party affected by the impediment (“Affected Party”) proves: (a) that such impediment is beyond its reasonable control; and (b) that it could not reasonably have been foreseen at the time of the conclusion of the contract; and (c) that the effects of the impediment could not reasonably have been avoided or overcome by the Affected Party.” As another structural change, instead of the notes that are intended to comment on the provisions, the FM Clause 2020 includes explana- tions, if needed, after certain paragraphs to highlight various important points of that paragraph. Main Conditions As seen, above, the FM Clause 2020 retains the same conditions for the occurrence of force majeure, but makes some changes in the wording. In order for an event to be considered as force majeure, these