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2020 "Boilerplate" Provisions in Contracts: Overlooked Traps in Every Agreement

Total Credits: 1.2 Self Study


The “back of the book” provisions of common business, commercial and real estate agreements are often labeled “boilerplate,” copied and pasted from earlier agreements. But when disputes arise, these overlooked provisions – related to damages, choice of law and forum, notice, integration, and amendments – can determine the fate transaction. These provisions, if not closely examined in the context of every agreement, can provide grounds for litigation – or threats of litigation. This program will provide you with a practical guide to drafting essential “boilerplate” provisions with an emphasis on reducing risk.

  •        Damages – types, limitations, drafting traps
  •        Choice of law/choice of forum – what the law allows v. what parties prefer
  •        Amendments – forms of written amendments, email, and course of dealing
  •        Notice – adapting methods to digital communication, traps
  •        Integration – conversations, extraneous writings, and assumptions

Self-study does not qualify for Kansas credit.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.


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