Do's and Don'ts: Contracts Terms. THE DOs DO start with a generic form as a guide, and adapt it to your particular situation.
DO entitle the document "CONTRACT" so that there can be no mistake as to its intent. DO make sure the parties are properly identified in the first paragraph, that names are spelled correctly, and that addresses are accurate. 7 deadly sins of contract drafting. Every contract lawyer has his or her drafting bugbears and hobby-horses, problems that they look for – and frustratingly find – time and time again in other lawyers' contracts.
This is my list. Not all of these sins are really deadly. Clause Library - ContractStandards. Beware "notwithstanding anything to the contrary...": McKenna Long & Aldridge LLP. November 7, 2013 What is the role of courts to interpose concepts of equity and fairness into a contract?
None -- at least with respect to a contract between sophisticated parties according to the three-to-two decision of the Appellate Division, First Department, in BDC Finance LLC v Barclays Bank PLC, 2013 WL 5745683 (1st Dept Oct. 24, 2013). BDC Finance LLC (“BDC”) and Barclays Bank PLC (“Barclays”) entered into a total return swap in which BDC received the benefits and assumed the risk of an investment in a portfolio of corporate debt instruments in exchange for paying financing fees to Barclays, the owner of the loans. Use - ContractStandards. 6.1 (a) Tenant shall use and occupy the Premises solely for general office use and for no other use or purpose.
Tenant shall not use or occupy the Premises for any unlawful purpose or in any manner that will constitute waste, nuisance or unreasonable annoyance to Landlord or other tenants of the Building. Tenant shall comply with all Legal Requirements concerning the use, occupancy or condition of the Premises and all machinery, equipment and furnishings therein, including, but not limited to applicable Environmental Law (as defined in Section 6.3), the Americans with Disabilities Act and regulations promulgated from time to time thereunder. Contract Forms. The Engineering, Procurement and Construction Portal.
ConsensusDocs Construction Contracts. Don't Miss These Marks in Your Legal Writing — Lawyerist. Good legal writers follow accepted rules of usage and style.
But they also know that punctuation and grammar blunders can destroy any goodwill they’ve created with their readers. One mark of novice legal writing is the haphazard use of three related punctuation marks: the hyphen, the en dash, and the em dash. It’s easy, though, to learn the basic rules that govern these marks. Contract Documents. Products Product Overview Compare the features of all the AIA Contract Documents products.
Learn More Annual Document Licenses A cost-effective option for those that generate more than a few documents a year. Learn More Document Essentials Bundle Temporarily Unavailable. Learn More Single-Use Documents Purchase one AIA document at a time. Learn More Business Type Architects Online service means no downloads and works on both Macs and PCs. A New Era for Search: The Zero Moment of Truth is Now Defined by Shared Customer Experiences. InShare306 This is the story of when ZMOT met UMOT… Search is a natural step in the discovery process.
In a web world, search engines offer a lens into a qualified and structured view to help online consumers focus and make informed decisions. Contract Standards. <em>Common Draft:</em> Sample Term Sheets and Clause Language for Contracts. To many business people, it may seem self-evident that when a contract uses the term best efforts, it calls for "something more" than mere reasonable efforts — otherwise, why bother even saying best efforts?
By analogy, to many business people, "C" is a passing grade in (U.S.) schools, but best efforts means an "A" effort — or in basketball slang, bring your "A" game, not your "C" game. Depending on the jurisdiction, though, a court might not see it that way: • Some — but not all — U.S. courts have seemingly equated best efforts with mere reasonable efforts, contrary to what business people are likely to think they're getting in a best-efforts clause. As one 2007 review of case law puts it, "For years U.S. courts have used the phrases 'reasonable efforts' and 'best efforts' interchangeably within and between opinions.
Where only one of the terms is used, the best-efforts obligation frequently appears indistinguishable from a reasonable-efforts obligation.