Swing Your Counterpart Round and Round

Here with another post to demystify contracts, today we discuss counterparts.  In a common provision, we see something like: Counterparts.  This Agreement may be executed in counterparts, all of which taken together shall constitute the same agreement. In first grade, we learned to figure out new words using context.  Great.  Context here is that uh, … Read more

My What Big Words You Have

Indemnification is not only a big word, it is a concept a lot of people don’t understand.  It isn’t their fault. Whenever someone encounters the word “indemnification,” it is usually in a contract provision that says something like: You agree to indemnify, defend and hold harmless Company and its respective directors, officers, employees, service providers … Read more

Location, Location, Location

One provision often found at the end of a contract discusses jurisdiction, venue, and choice of law. It is one of those paragraphs that you probably skipped over and maybe  even called boilerplate. But, guess what, it could matter a whole lot if the parties get involved in a lawsuit. First, let’s talk about jurisdiction. … Read more