Date for the Company Diary

2. free movement of services;

3. free movement of labour; and

4. free movement of capital.

2. performance; and

3. financial viability.

 Pricing Mechanisms: it would be wise to consider the incorporation of a price adjustment mechanism so that potential “Brexit costs” are identified and allocated.

 EU Legislation: how are such references to be treated? Does the agreement provide for “as amended legislation” meaning that legislative changes will be applicable to the agreement? If so, consider what impact this will have on the agreement.

 Force Majeure clauses: often used to allow the parties to avoid default due to uncontrollable events – which can extend to political and legal situation changes. Current clauses are unlikely to address Brexit, consider amending such clauses so that they do.

 “Brexit Clauses”: in order to future proof agreements, consider including specific provisions to address potential consequences of the Brexit deal i.e. stipulate a trigger point which will cause action, this could include the right to re-negotiation the terms of the agreement, or the right to a price review and adjustment or the right to terminate.

 Governing Law and Status: English law will be in a state of flux and may not be an appropriate choice due to questions around enforceability in international courts post Brexit – consider what is appropriate if one of the contracting parties is based in the EU. Irish jurisdiction may become very popular.