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Lisa Lang

WHY THIS, NOT THAT™ CONTRACTS | Rejecting Clauses

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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Lisa Lang

Lisa Lang currently serves as the General Counsel for Kentucky State University. Lisa first began her career as a lawyer working as an associate attorney specializing in insurance defense for a law firm in Louisville, Kentucky. She left that firm in 2008 to work for the Commonwealth of Kentucky. She first worked in the Office of the Attorney General as an Assistant Attorney General and then for the Kentucky Department of Education in a variety of in-house counsel roles until taking her current position at Kentucky State in 2017. Lisa is a co-author of the anthology #Networked: How 20 Women Lawyers Overcame the Confines of COVID-19 Social Distancing to Create Connections, Cultivate Community, & Build Businesses in the Midst of a Global Pandemic on sale now on Amazon. In April 2021, she will be speaking about the Power of Community at the #EmpoweredWomen Spring 2021 Online Event hosted by Freeman Means Business™ that in April 2021. Connect with Lisa on Linkedin! #LawyerLisaLang