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. DO include the date in the first paragraph so that it is easy to refer back to after contract execution, and so that the contract can later be identified by date, such as "the November 20, 2001 Contract for the Sale of Goods. " DO use common-sense headings to make it easier to find particular provisions in the contract. DO number the paragraphs for ease of reference. DO use plain language whenever possible. DO define all technical terms. 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.
The operative agreements were a form Master Agreement, a form Credit Support Annex (the “CSA”) and a negotiated Master Confirmation that modified certain terms of the form agreements. Id. at *1. 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. Tenant’s compliance with Legal Requirements shall include, but not be limited to, permitting employees, agents or contractors of any governmental or quasi-governmental agency access to the Premises in connection with public safety issues or any Legal Requirement. (Lease, July 25, 2011, [Square 54 Office Owner LLC and Vanda Pharmaceuticals Inc.]) 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. Learn More Contractors Anytime, anywhere access raises mobility to new heights. Select Your Business Type. 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. With Google dominating search, marketers concentrated on improving search ranking through tried and true techniques to ensure that what they were marketing earned a coveted position in the likely search results a customer might consider clicking. Search is only part of the story now. The experiences that people have and in turn share is created a powerful collective repository that is indexed and tapped every minute of every day…mostly outside of Google. The importance of search engine marketing is fundamental to the discovery process. 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.