The ongoing pandemic caused by the novel coronavirus (COVID-19) has created uncertain economic conditions for the world. With respect to outsourcing arrangements, COVID-19 may result in site closures, a failure to meet service levels, delays due to a failure to perform customer obligations required for performance by the provider, or labor and product shortages. As such, businesses are (and if they are not, they should be) scrutinizing their commercial agreements in order to understand their obligations and rights where there is an actual or prospective failure in performance as a result of COVID-19.
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