An agreement: between or amongst parties?
Continuing the first line of a contract (as in the previous blog post on made or entered into), you would typically find the word between,
Is a contract made or entered into?
The first line of a contract sometimes states that the agreement was made and entered into (between the parties). What concept does this refelect? What
“Material” is a vague term
Another vague term is the word material. It is typically used to distinguish from immaterial things: even though there is often a grey area as
About Business Days and time zones
If you are aware that, when referring to a date or time, it may be necessary specify the time zone is desirable you will likely
Interpretation clauses addressing gender
Similar to my previous post, large agreements sometimes include a statement that the obligations referring to a gender are not intended to exclude the other
Clarify singular or plural? Use the singular if possible!
Many (often larger) agreements contain phrases that address the interpretation of the agreement. One of those phrases says that where the agreement is stated in
Notwithstanding is a tricky one
Using notwithstanding in contracts is a tricky word: many people don’t know how to use it exactly, and for those who do, it is a
From time to time: when do you use it?
It’s such a familiar phrase, from time to time, but do you know when to use it? And do you know when it is unnecessary?
Back stop date
… also called Drop dead date: the last day on which all conditions should be fulfilled. Best practice rule 11 – this blog post –
