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Those seven elements are: Identification (Defining all the parties involved) Offer (The agreement) Acceptance (Agreement mirrored by other parties) Mutual consent (Signatory consent of all parties) Consideration (The value exchanged for the offer) Capacity (Legal/mental competence of all parties)
Recitals, aka the WHEREAS section, are like introductory statements. They kind of set the scene as to why maybe these two parties are entering into a contract.
1. Recitals incorporated. The recitals set forth above are incorporated herein by reference and are explicitly made a part of this Agreement. The parties agree to abide by each of their respective covenants made herein to the fullest extent authorized by law.
The answer, in short, is that recitals are generally not binding. In other words, they do not create enforceable legal rights or duties for the parties. That said, recitals can still be an important part of the contract.
There is no prescribed format for drafting the recitals, but they typically contain concise statements of fact, describing key circumstances and details relevant to the establishment of the contract. 3. Offer and Acceptance of the deal, i.e., what was offered, how it was accepted, 4.