The distinction
Distinguish the cause of the problem
Legal impossibility, a bank's internal policy and a commercial delay are not the same event. The clause should define evidence, notice and proportionate consequences for the restriction that has actually occurred.
Clause anatomy
Points to address in the clause
The parties should understand what information must be provided, when notice is required and what happens to outstanding obligations and payments.
Trigger
The specific restriction capable of affecting performance.
Evidence
Information required to substantiate the effect.
Notice
Timing, content and continuing information duties.
Lawful alternative
A workable substitute where legally available.
Suspension
A proportionate pause while the position is tested.
Consequences
Termination, costs, refunds and accrued rights.