Clause Templates Library
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Definitions and Interpretation
Defines how terms, references, and language used in the agreement are to be interpreted.
Force Majeure
Excuses non-performance where obligations are affected by events beyond a party's reasonable control.
Notices
Specifies the formal methods, addresses, and timelines for serving contractual notices.
Entire Agreement
Confirms that the written agreement supersedes all prior discussions and understandings.
Amendments and Variation
Specifies how amendments to the agreement must be documented and approved.
Waiver
Specifies that failure to enforce a right does not constitute a waiver of that right.
Severability
Ensures that if one provision is invalid, the remainder of the agreement remains enforceable.
Counterparts
Allows the agreement to be executed in multiple counterparts, including electronic copies.
Electronic Signatures
Recognises electronic signatures and digital execution as legally valid.
Assignment and Change of Control
Regulates whether either party may transfer its contractual rights or obligations, including during mergers or reorganisations.
Payment Terms
Defines the payment schedule, invoicing requirements, and conditions governing payments.
Taxes and Withholding
Allocates responsibility for taxes and establishes rules for statutory withholding.
Liquidated Damages for Delay
Specifies predetermined compensation payable for delays in meeting contractual timelines.
Service Levels and Service Credits (SLA)
Defines performance standards and compensation mechanisms when service levels are not met.
Change Control Mechanism
Establishes a structured process to request, assess, and approve changes to scope, deliverables, or timelines.
Time Is of the Essence
Emphasises that timely performance of contractual obligations is critical.
Set-Off
Specifies whether a party may offset its obligations against amounts owed by the other party.
Indemnity
Provides for compensation by one party to the other for specified losses or claims.
Limitation of Liability
Defines the financial limits of each party's liability under the agreement.
Insurance Requirements
Requires the service provider to maintain specified insurance coverage.
Warranties
Specifies the assurances a party provides regarding performance, compliance, or quality of deliverables.
Disclaimer of Warranties
Disclaims implied warranties and limits assurances to those expressly stated in the agreement.
Risk of Loss and Title Transfer
Determines when ownership and risk relating to goods or deliverables transfer between parties.
Confidentiality
Requires parties to protect confidential information from disclosure or misuse.
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