Change clause in the Hardship Letter

Aug 6th, 2022
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If an unforeseeable financial emergency arising from the death of a family member, divorce, sickness, injury, catastrophe or similar event outside the control of the Director occurs, the Director, by written instructions to the Company, may reduce future deferrals under this Agreement. Hardship.
Hardship clauses typically recognise that parties must perform their contractual obligations even if events will render performance more difficult than one would reasonably have anticipated at the time of the conclusion of the contract.
A hardship clause can be described as a term of a contract under which the contract can be reviewed if a change in circumstances occurs that fundamentally modifies the initial balance between the obligations of the parties, so that performance, though not impossible, becomes unusually onerous for one party.
Hardship clauses are clauses in contracts or legal documents, such as court orders, that cover cases where unforeseen events may occur that can alter the equilibrium or balance of labor between two or more parties.
Hardship is a reason for a change in the contractual program of the parties. The aim of the parties remains to implement the contract. Force majeure, however, is situated in the context of nonperformance and deals with the suspension or termination of the contract.
This letter should explain your current financial situation and why youre unable to make payments. It should provide specific details about the hardship, such as when it began, how it was caused and how long it may continue.
Focus only what has currently happened and how that has impacted your ability to make the payments. List what you have done to try to resolve the hardship. For example, you reduced your expenses, picked up a second job, etc. Explain why you need help from the lender to avoid default.
Dont say that your situation is your lenders fault or that their employees are jerks. Dont state that things will likely turn around for you. If the lender thinks you might soon have the financial means to repay part of the debt, you might not be approved for loss mitigation.

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