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Hardship Waiver

Hardship Waiver Template for Philippines

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Key Requirements PROMPT example:

Hardship Waiver

"I need a Hardship Waiver for my manufacturing company to temporarily modify payment obligations with our main supplier due to factory damage from a recent typhoon, with the waiver period to run from January 1, 2025, to June 30, 2025."

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Document background
The Hardship Waiver is a crucial legal instrument in Philippine business and civil relationships, designed to address situations where unforeseen circumstances create substantial difficulty in fulfilling contractual obligations. This document becomes relevant when one party experiences significant challenges such as financial distress, medical emergencies, natural disasters, or other extraordinary circumstances that impact their ability to meet contractual commitments. The waiver must comply with Philippine Civil Code requirements, particularly Articles 1306-1308 regarding contract validity and modifications. It serves as a formal acknowledgment of the hardship situation and provides a structured framework for temporary or permanent relief from specific obligations while maintaining legal validity and protecting both parties' interests. The document is particularly important in the Philippine context, where courts generally favor equitable solutions and recognize the doctrine of rebus sic stantibus (changed circumstances).
Suggested Sections

1. Parties: Identification of the party granting the waiver and the party receiving the benefit of the waiver, including complete legal names and addresses

2. Background: Context of the relationship between parties and circumstances leading to the hardship situation

3. Definitions: Clear definitions of key terms used in the waiver, including 'hardship' and specific obligations being waived

4. Nature of Hardship: Detailed description of the hardship situation, including its cause, duration, and impact

5. Scope of Waiver: Specific rights, obligations, or requirements being waived, with clear boundaries and limitations

6. Duration: Time period for which the waiver is valid, including start and end dates if applicable

7. Representations and Warranties: Statements confirming the truth of the hardship claim and capacity to enter into the waiver

8. Governing Law: Confirmation that the waiver is governed by Philippine law and specific applicable statutes

9. Execution: Signature blocks and execution requirements, including witness provisions if required

Optional Sections

1. Consideration: Details of any consideration provided in exchange for the waiver, if applicable

2. Confidentiality: Provisions regarding confidentiality of the hardship situation and waiver terms, if privacy is required

3. Revival Rights: Conditions under which waived rights may be revived or reinstated, if applicable

4. Dispute Resolution: Specific procedures for resolving disputes related to the waiver, if desired

5. Reporting Requirements: Any ongoing obligation to report on the hardship situation or recovery efforts

6. Third Party Rights: Impact of the waiver on rights of third parties, if relevant

7. Severability: Clause ensuring remaining provisions stay valid if part of waiver is found unenforceable

Suggested Schedules

1. Schedule A - Evidence of Hardship: Documentation proving the hardship situation (financial statements, medical records, etc.)

2. Schedule B - Affected Obligations: Detailed list of specific obligations being waived or modified

3. Schedule C - Recovery Plan: If applicable, plan for addressing or recovering from the hardship situation

4. Appendix 1 - Original Agreement: Copy of the original agreement containing the obligations being waived

5. Appendix 2 - Supporting Declarations: Sworn statements or affidavits supporting the hardship claim

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



































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Relevant Industries

Banking and Finance

Real Estate

Education

Healthcare

Manufacturing

Retail

Construction

Agriculture

Information Technology

Transportation

Hospitality

Public Sector

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Finance

Operations

Corporate Affairs

Credit Management

Customer Service

Business Development

Relevant Roles

Legal Counsel

Compliance Officer

Human Resources Manager

Contract Administrator

Risk Manager

Chief Financial Officer

Business Development Manager

Property Manager

Credit Officer

Operations Manager

General Manager

Corporate Secretary

Debt Collection Officer

Account Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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