Submission Agreement Sample With Whereas Clauses In Contra Costa
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“Whereas” clauses should be used to explain why the resolution is necessary, and should also provide some background on the issue that the resolution takes a stand on.
The most common means of enforcing a settlement agreement is to make a motion to enforce in the pending action under Code of Civil Procedure Section 664.6. A real life example of this is found in the litigation surrounding the storied wealth of the Hearst family.
The preamble of a contract is the introductory paragraph that identifies the parties to the agreement. It is typically followed by paragraphs known as recitals (also called the background section). Sometimes, these recital paragraphs are labeled “Whereas”.
A whereas clause is a statement that is used in legal documents, such as contracts or agreements, to provide background information or context for the document. It typically begins with the word "whereas" and is followed by a description of the situation or circumstances that led to the creation of the document.
Just a few of the terms that an effective settlement agreement needs are: a recital of the parties that are to be bound by the agreement, an accurate characterization of the subject matter of the dispute and the legal claims that are being alleged by the claimant,
Rule 1.110(303.3) 'Whereas' clause of contract is prefatory, not binding.
The contract might start with a Whereas clause like this: 'Whereas, the parties wish to collaborate in the development of new technology...'. This Whereas clause is setting out the purpose of the contract: to set up a partnership for developing technology.