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Boilerplate is a term used for clauses/terms (normally of a standard nature) and common to most agreements, which do not relate to the substantive part of the contract but are required to set out how the contract works.
Example boilerplate clauses are dispute resolution, commencement, notices and choice of law.
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Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...
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Nature of boilerplate provisions in public sector contractsLawyers work on a huge variety of transactions, but all of them will in some way involve written agreements. Most of those agreements will contain boilerplate provisions in some form.'Boilerplate' is the term used to describe the clauses that are included in an agreement to deal with the mechanics of how the agreement works and those generic legal points that are relevant to most transactions. They are generally found at the beginning and the end of an agreement. Such clauses are often thought of as standard, miscellaneous provisions, but this is a dangerous view to adopt. Boilerplate clauses can have a significant impact on the other clauses in an agreement and on an agreement as a whole. It is important that any such impact is intentional and not the result of a boilerplate clause being included in an agreement without due consideration of why it has been included. It is not unusual for a boilerplate clause to be the cause of litigation.It is...
Boilerplate clauses in business-to-consumer contracts—general principles This Practice Note sets out the law on the use of boilerplate provisions in business-to-consumer (B2C) contracts. As well as providing details on the Consumer Rights Act 2015 (CRA 2015) (which regulates unfair terms in B2C contracts), it also looks at the Competition and Markets Authority (CMA) guidance ‘Unfair contract terms: CMA37’. For discussion on the use of specific boilerplate provisions in B2C contracts, namely adjudication, alternative dispute resolution (ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver, see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For more information on the use of standard terms and conditions in B2C contracts generally, see Practice Notes: • Consumer standard terms and conditions—the business context • Consumer standard terms and conditions—the advertising and marketing context, and • Consumer standard terms and conditions—incorporation For our suite of template B2C contracts and drafting tips, see: Trading with consumers—overview and Drafting consumer contracts—checklist. What is ‘boilerplate’? ‘Boilerplate’ is a term used...
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Process agent agreement This Agreement is made on [date] Parties 1 [insert name of Principal] [of OR a company incorporated in [insert jurisdiction] under number [insert registered number] whose registered office is at] [insert address] (Principal); and 2 [insert name of Process Agent] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Process Agent) (each of the Principal and the Process Agent being a party and together the Principal and the Process Agent are the parties). BACKGROUND The Principal wishes to appoint the Process Agent to provide the Services (as defined in clause 1) and the Process Agent has agreed to do so on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Business Day • means a day other than a Saturday, Sunday or public holiday[, on which clearing banks are open for non-automated commercial business in the [City of London]]; Commencement Date...
Ireland—Subsidiary definition Subsidiary • This is a Precedent definitions for the term ‘subsidiary’, which is a term commonly used in agreements. It will not be appropriate to include the term in every type of agreement and, if it is included, the definition may not be appropriate in the suggested form. Careful consideration should be given to when and how the suggested defined term is used. For
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Construction analysis: The Technology and Construction Court (TCC) rejected a set of jurisdictional and natural justice challenges to an adjudicator's decision, emphasising that such challenges will succeed in only the plainest cases. Among other points, the court found that where a matter relevant to the adjudicator's jurisdiction necessarily 'overlapped' with the adjudicator's decision on the substantive issues, that matter could not be considered at the enforcement stage.
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