The distinction
A clause should respond to a provable legal restriction
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
A sanctions clause needs a verifiable operating sequence
A clause should create a controlled response to a provable restriction, with consequences proportionate to what has actually occurred.
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.