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20 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S U M M E R 2 0 2 0 Using AI to Get Answers eBrevia's AI-powered contract analytics software allows you to quickly and efficiently analyze a large number of contracts to determine which contracts contain force majeure clauses and other relevant contract provisions. eBrevia's easy customization allows you to adapt the search and data collection process, giving you the ability to identify and extract specific language that is most applicable to your particular needs. In this example, Quislex, eBrevia, and BakerHostetler examined force majeure language in a sample of 171 publicly available contracts entered into over the last 20 years. The study results are not exhaustive and serve only to demonstrate how tech-savvy law firms, other service providers, and corporations can use eBrevia's software to quickly pull information relevant to decision-making from their own contracts to fulfill a variety of needs, including responding to claims of force majeure during the COVID-19 pandemic. The sample population included a variety of agreement types, industries and years, as represented in the figures below: Is the Force Majeure Clause Triggered? In defining a force majeure event, parties may describe the type of circumstances (e.g., "unforeseen events beyond the reasonable control of the party") and often include a list of qualifying events. Force majeure clauses commonly include the following events: acts of God, actions of government, natural disasters (fires, floods, earthquakes, and hurricanes), wars, acts of terrorism, strikes or lockouts, and power or material shortages. Catch-all phrases may be included to capture other events or circumstances not specifically identified. Understanding the law of the jurisdiction governing the contact is crucial. Courts in some jurisdictions interpret these phrases narrowly to include only those events that are similar to the events specifically listed. For the sake of this paper and in light of the COVID-19 pandemic and response, we chose to focus on the following three categories of trigger events commonly reflected in force majeure clauses: (i) "government action"; (ii) pandemic-specific language (e.g. "pandemic," "disease", or "epidemic"); and (iii) "acts of God." Our decision was F E A T U R E S

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