Tag Archives | boilerplate

Don’t Ignore the Boilerplate! Part 4

The last boilerplate provision we’ll discuss in this series is the “Limited Warranty” provision.  But first, let’s review the four main warranties and what they mean.   Warranty of Title:  I own it and you don’t have to worry about my creditors or heirs coming to take it away from you. Warranty Against Infringement: I [...]

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Don’t Ignore the Boilerplate! Part 3

We’re looking at boilerplate contract language that is often ignored to better understand why these provisions are important and how they can impact your contracts.  Today, we’ll discuss the “Forum Selection” provision.   If the parties to a contract choose judicial resolution (i.e. a lawsuit) to settle disputes rather than alternative dispute resolution (i.e. mediation [...]

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Don’t Ignore the Boilerplate! Part 2

The “Governing Law” provisions of contracts are often overlooked, but it is a mistake to do so.  If you have any leverage in your contract negotiations, then you generally want the law of your state to govern the interpretation of the contract.  Of course, the other side’s attorney is telling them the same thing, so [...]

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Don’t Ignore the Boilerplate! Part 1

As an attorney who spends a LOT of time drafting and negotiating all types of contracts, I know it’s tempting to skip over the “boilerplate” language at the end of the contract.  You know the part I’m talking about…those last paragraphs in every contract headlined “Survival”, “Governing Law”, “Modifications”, “Assignment”, “Severability”, “Indmnification”, etc. etc.   [...]

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