selected types of clauses Flashcards
Choice of law/forum clause
in these types of clauses, the parties agree that the contract terms will only be interpreted according to the laws of a specific city, country
Enture agreement
stating that the written terms of an agreement may not be varied by prior written or oral agreements because all such agreements have been consolidated into the written document
acceleration clause
requiring the debtor to pay all or part of payable amount sooner that as agreed upon, because of the occurrence of some events or circumstances stated in the contract, usually failure to make payment
statute if limitations clause
state the time frame in which a lawsuit can be filled after a breach of contract or other violations. such clauses cannot violate already existing laws
assignment clause
prohibiting or permitting assignment under certain conditions
confidentially clause
concerning the treating of information as private and not for distribution beyond specifically identified individuals or organizations, nor used for other purposes as stated
time of performance clause
these indicate the time frame in which the contract duties can or cannot be performed. a breach of contract suit can be filled if the duties are not performed in a reasonable amount of time
merger clause
states that the current written contract overrides any previous oral or written agreements
force majeure
Claque designed to protect against failure to perform contractual obligations caused by unavoidable events the party has no control over, such as natural disasters
termination clause
outlining when and under what circumstances the contract may be terminated
non-waiver clause
these protect parties who excuse the other party for non-performance of contract terms. in other words, the party does not waive their full contract rights by accepting non-complying action from the other party
severability clause
this ensures that the remainder of the contract is enforceable even if one part of the contract is determined to be invalid
Arbitration clause
states that any legal disputes are to be resoled through abrogation rather than ligitation
liquidated damages clause
which allows the non-breaching party to recover predetermined damages in the event that actual damages are difficult to calculate
attorney fees clasue
states that the losing party shall reimburse the other party of attorney’s fees