DO THIS
Reject clauses that do not help make the contract clear and concise.
NOT THAT
Include clauses just because you have always included them.
WHY
When you include clauses without a specific reason you may actually be introducing confusion. According to David T. Daly, here are a few of the “Top 10 Phrases Not to Use in a Contract – A Lesson from Dr. Frankenstein.”
Reconsider the use of:
- Naming a contract “Agreement” and nothing more.
- Agreement as a defined term.
- Now, therefore, in consideration of the foregoing and the mutual promises and covenants herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows.
- Unless otherwise agreed.
- Notwithstanding anything in this contract to the contrary.
- Headings used in this Agreement are included for convenience of reference only and shall not constitute a part of this agreement for any other purpose and will have no force or affect in the construction of this Agreement.
- In witness whereof, the parties have caused this contract to be executed by their duly authorized representatives.
Do these clauses clarify? If no, don’t include!
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