A clause is a group of words that contains both a subject and a predicate. Charlie runs. There's a subject; there's a predicate. It's a clause.
No Party shall assign this Agreement or any part hereof without the prior written consent of the other Parties. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties Parties, and their respective permitted successors and assigns.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
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.
An example standard clause for specifying the jurisdiction which the parties agree disputes will be heard is: The parties submit to the non-exclusive/exclusive jurisdiction of the courts of and any courts that may hear appeals from those courts in respect of any proceedings in connection with this contract.
Standard boilerplate for an entire agreement clause Example: “This Agreement and any exhibits attached hereto, is the entire, final, complete, and fully integrated agreement between the Parties with respect to the subject matter hereof.
Standard boilerplate for an entire agreement clause Example: “This Agreement and any exhibits attached hereto, is the entire, final, complete, and fully integrated agreement between the Parties with respect to the subject matter hereof.
To write effective and enforceable business contracts, you need to include a number of contract clauses. These include indemnification, force majeure, copyright, termination, warranties and disclaimers, and privacy.
1 Use plain language. 2 Define key terms. 3 Structure your clauses logically. 4 Be specific and precise. 5 Use examples and scenarios. 6 Review and revise your clauses. 7 Here's what else to consider.
Rule 1.110(303.3) 'Whereas' clause of contract is prefatory, not binding.