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Writing a recital begins with a clear understanding of the purpose of your document. In a sample maintenance contract with recitals, you should outline the background of the agreement, stating what led to the creation of the contract. This section typically introduces the parties involved and their intentions. By using straightforward language, you can effectively set the stage for the obligations and expectations that follow.
Write explicitly what one party is promising to deliver and what the other agrees to pay or do in exchange. If services are part of the deal, state what services will be performed. Specify who will perform the services, for whom, where, when, for how long and for what consideration.
Recitals are enforceable in the same way as if part of the formal 'order', and where the terms of the recital are in line with what the court has power to order in any event.
Steps in Drafting a Contract Determining if all parties can participate in a contract. ... Determining the consideration of the contract. ... Determining the contract's terms. ... Considering using a confidentiality clause. ... Adding a dispute resolution clause. ... Including a termination of contract clause.
The recitals need not incorporate the detailed terms and conditions of the agreement, they should describe the journey till the parties come to the understanding narrated in the operative clauses. Therefore, the draftsman should avoid going overboard with recitals and incorporating unnecessary details therein.
Recitals are formatted in traditional paragraphs in complete sentences. They are not created with bullet points. Although recitals are not enforceable, they are important and can be referred to when determining the intent of parties. However, they do not control the provisions of the contract.