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!
Interested in learning more? Join the convo on Linkedin!