On the Back of a Napkin

I’ve written about this topic before, but it keeps reasserting itself in client questions, comments, and requests on a regular basis – so, I suppose it’s time to write about it again. “We want a quick one page agreement.” “Collin, I need a simple commercial lease, no more than three pages.” “They don’t like written … Read more

Paper Beats Paper?

Somewhere at the bottom of most agreements is a clause that looks something like this: Entire Agreement:  This Agreement and the Exhibits and Attachments referred to in this Agreement contain the entire understanding of the Parties with regard to the subject matter contained in this Agreement and supersede all prior written or oral agreements, understandings … Read more

Whereas, Now, Therefore

At the beginning of many contracts is a series of clauses beginning with “Whereas.”  Besides giving us lawyers a chance to use a fancy word, these phrases actually have a purpose.  They are called the “Recitals,” and they are used to provide context to the agreement. The first paragraph tells the name of the agreement, … Read more

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