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.
Eg. Conditional upon Buyer getting Financing (mortgage approval) or Conditional upon Inspection of the property by a home Inspector. If there is a Condition on Financing & Inspection (for example) for 5 days, it means the Seller has agreed to accept the Buyer's offer and can't accept any other offers.
Example1: “The Buyer acknowledges that the property is being sold 'as is' with all faults and defects, whether known or unknown, presently existing or that may hereafter arise. The Seller makes no warranties or representations of any kind regarding the condition of the property.”
Example: Fixed Term The Agreement shall commence on date | the date of this Agreement, and continue for a period of 2 years and thereafter terminate. We run through some examples of contingent commencement of contracts and termination of contracts in the context of conditions precedent.
Sample wording: “Neither party may assign this agreement or any rights or obligations herein without the prior written consent of the other party.” Cancellation clauses: These allow either party to terminate the contract under specific conditions, often requiring advance notice.
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.
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.
The Seller is selling this property in “As Is” condition. Buyer acknowledges and agrees that Buyer is accepting the Property “As Is” without any warranties, representations or guarantees, either expressed or implied, of any kind, nature or type whatsoever from or on behalf of the Seller.
Example1: “The Buyer acknowledges that the property is being sold 'as is' with all faults and defects, whether known or unknown, presently existing or that may hereafter arise. The Seller makes no warranties or representations of any kind regarding the condition of the property.”