Re: A couple of things here I'm surprised about
Many contracts have clauses for unusual or unexpected situations but those clauses are never used. Are they just hypothetical too?
The point of contracts is to cover all situations and make sure that both sides know what will happen if that event occurs.
For instance a contract might have a clause that product x must be serviced y times a year and the contract is null and void if it doesn't happen, but if its always serviced properly then the clause is never used. Just like a substitution clause.