“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
Reasonable: what is it?
In a previous blog post, I indicated the ‘importance’ of vaguenesses in contracts. The most obvious example of vagueness is the word reasonable. This vague
Vague terms: triggering cultural differences
Very often, it is impossible to stipulate exactly how or when a certain obligation must be performed. In those cases, you will use a vague
Arbitration clauses: points of attention
All arbitration institutes provide for a model arbitration clause, which you are recommended to include in your agreement if you choose that institute. If you
Ad hoc arbitration or administered by an institute?
When drafting a dispute resolution provision geared towards arbitration, you might wonder whether you need an arbitration institute and which arbitration provision you should include.
Financial covenants in credit facility agreements
Sometimes, a newspaper tells us that a company fails to meet its ‘bank covenants’. What are they? Many credit facility agreements (or simply credit agreements)
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
