Reject clauses that do not help make the contract clear and concise.


Include clauses just because you have always included them.


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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