The Exceptional Hardship Waiver is a critical legal instrument within the UAE's business and regulatory framework, designed to address situations where unforeseen circumstances create substantial difficulties in meeting contractual or regulatory obligations. This document becomes necessary when standard force majeure provisions may not apply, but circumstances still warrant special consideration. It is particularly relevant in the post-COVID business environment where companies may face unprecedented challenges. The waiver must comply with UAE Federal Law No. 8 of 1980 (UAE Labor Law), UAE Civil Code (Federal Law No. 5 of 1985), and relevant ministerial resolutions. The document typically includes detailed evidence of hardship, impact assessments, proposed alternative arrangements, and commitments to future compliance, all structured to meet UAE legal requirements and local business practices.
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1. Parties: Identification of the party seeking the waiver and the authority/entity granting the waiver
2. Background: Context of the relationship between parties and the general circumstances leading to this waiver request
3. Definitions: Key terms used throughout the document, including specific legal terminology relevant to exceptional hardship under UAE law
4. Nature of Exceptional Hardship: Detailed description of the exceptional circumstances causing hardship, with reference to relevant UAE legal provisions
5. Impact Assessment: Analysis of the specific impact of the hardship on the requesting party's ability to fulfill obligations
6. Mitigation Efforts: Description of steps already taken to minimize or avoid the hardship
7. Relief Sought: Specific details of the waiver or accommodation being requested
8. Duration and Review: Proposed timeframe for the waiver and conditions for review or reassessment
9. Declarations: Formal statements confirming the truth of information provided and compliance with UAE laws
10. Undertakings: Commitments made by the requesting party regarding future conduct or obligations
11. Execution: Signature blocks and execution formalities in accordance with UAE requirements
1. Force Majeure Connection: Include when the exceptional hardship is linked to force majeure events as defined under UAE law
2. Third Party Impacts: Include when the hardship affects or is affected by third party relationships
3. Alternative Arrangements: Include when proposing specific alternative arrangements or modified obligations
4. Regulatory Compliance: Include when the hardship relates to specific regulatory requirements or changes
5. Economic Impact Analysis: Include when the hardship is primarily financial and detailed economic analysis is relevant
6. Recovery Plan: Include when a specific plan for recovering from the hardship situation is relevant
1. Schedule 1 - Financial Evidence: Financial statements, accounts, or other financial documentation proving the hardship
2. Schedule 2 - Supporting Documentation: Relevant correspondence, notices, or other documents evidencing the exceptional circumstances
3. Schedule 3 - Impact Analysis Report: Detailed analysis of the impact of the hardship on operations or obligations
4. Schedule 4 - Legal Opinions: Any relevant legal opinions or assessments supporting the hardship claim
5. Appendix A - Chronology: Timeline of events leading to and constituting the exceptional hardship
6. Appendix B - Communication Records: Records of relevant communications regarding the hardship situation
7. Appendix C - Compliance Certificates: Relevant certificates showing compliance with applicable laws and regulations
Relevant legal definitions
Clauses
Relevant Industries
Construction
Financial Services
Real Estate Development
Oil and Gas
Healthcare
Aviation
Maritime
Manufacturing
Telecommunications
Hospitality
Education
Infrastructure Development
Transportation
Energy
Relevant Teams
Legal
Compliance
Finance
Risk Management
Operations
Project Management
Commercial
Regulatory Affairs
Executive Management
Human Resources
Corporate Governance
Business Development
Relevant Roles
Legal Counsel
Compliance Officer
Chief Financial Officer
Risk Manager
Operations Director
Project Manager
Contract Manager
Regulatory Affairs Manager
Chief Executive Officer
Commercial Director
Human Resources Director
Business Development Manager
Finance Manager
General Manager
Corporate Secretary
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