selected types of clauses Flashcards

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1
Q

Choice of law/forum clause

A

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

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2
Q

Enture agreement

A

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

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3
Q

acceleration clause

A

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

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4
Q

statute if limitations clause

A

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

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5
Q

assignment clause

A

prohibiting or permitting assignment under certain conditions

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6
Q

confidentially clause

A

concerning the treating of information as private and not for distribution beyond specifically identified individuals or organizations, nor used for other purposes as stated

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7
Q

time of performance clause

A

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

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8
Q

merger clause

A

states that the current written contract overrides any previous oral or written agreements

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9
Q

force majeure

A

Claque designed to protect against failure to perform contractual obligations caused by unavoidable events the party has no control over, such as natural disasters

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10
Q

termination clause

A

outlining when and under what circumstances the contract may be terminated

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11
Q

non-waiver clause

A

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

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12
Q

severability clause

A

this ensures that the remainder of the contract is enforceable even if one part of the contract is determined to be invalid

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13
Q

Arbitration clause

A

states that any legal disputes are to be resoled through abrogation rather than ligitation

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14
Q

liquidated damages clause

A

which allows the non-breaching party to recover predetermined damages in the event that actual damages are difficult to calculate

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15
Q

attorney fees clasue

A

states that the losing party shall reimburse the other party of attorney’s fees

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