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According to Marcia Ellis, partner at Morrison & Foerster, based in Hong Kong SAR, many buyers are considering invoking MAC clauses in agreements entered into prior to the Covid-19 outbreak – with sellers equally concerned by this eventuality According to Nandakumar Ponniya, principal at Baker McKenzie Wong & Leow, where the event does fall within the scope of the MAC clause, there can be challenges whereby parties have differing views on whether the clause can and should be invoked, the level impact of the supervening event on performance of the obligations under the contract, or the steps parties should take to mitigate or minimse the risk According to Ellis, it’s generally difficult to successfully invoke a MAC clause
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