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
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