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	<title>Comments on: &#8220;Promptly&#8221; and &#8220;Immediately&#8221;</title>
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		<title>By: Eric Goldman</title>
		<link>http://www.adamsdrafting.com/2008/02/04/promptly-and-immediately/comment-page-1/#comment-37192</link>
		<dc:creator>Eric Goldman</dc:creator>
		<pubDate>Tue, 05 Feb 2008 01:43:27 +0000</pubDate>
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		<description>I&#039;m with you and Michael that &quot;immediately&quot; is a lousy way of expressing a service level.  If I really care about turnaround time, I spell out the exact amount of time and liquidated damages (or other remedies) for delay.  If it&#039;s impossible to quantify what would constitute a reasonable turnaround time, then &quot;promptly&quot; seems to work perfectly.  Thanks for the good post.  Eric.</description>
		<content:encoded><![CDATA[<p>I&#8217;m with you and Michael that &#8220;immediately&#8221; is a lousy way of expressing a service level.  If I really care about turnaround time, I spell out the exact amount of time and liquidated damages (or other remedies) for delay.  If it&#8217;s impossible to quantify what would constitute a reasonable turnaround time, then &#8220;promptly&#8221; seems to work perfectly.  Thanks for the good post.  Eric.</p>
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		<title>By: Ken Adams</title>
		<link>http://www.adamsdrafting.com/2008/02/04/promptly-and-immediately/comment-page-1/#comment-37190</link>
		<dc:creator>Ken Adams</dc:creator>
		<pubDate>Tue, 05 Feb 2008 00:51:13 +0000</pubDate>
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		<description>Reader Mike suggested to me that &lt;em&gt;immediate&lt;/em&gt; is &quot;usually used in places where one would not expect a &#039;reasonable period of time&#039; to be anything but immediate.&quot; He offered the following example: &quot;User is responsible for the activities of User&#039;s account. If Service Provider detects any unauthorized use of a User&#039;s account, Service Provider shall suspend that account immediately.&quot; 

I agree: it makes sense to use immediately if you&#039;re seeking to convey a real sense of urgency. Nevertheless, even when you&#039;re dealing with suspending someone&#039;s account, &lt;em&gt;immediately&lt;/em&gt; might take a couple of hours. (It&#039;s an area I know nothing about!)

Mike also suggested that &lt;em&gt;immediately&lt;/em&gt; is common in provisions such as this one: &quot;If Licensor is acquired by a third party, Licensee may terminate this agreement immediately and without notice.&quot; Here you&#039;re getting into territory I covered in &lt;a href=&quot;http://www.adamsdrafting.com/2007/11/25/at-any-time/&quot; rel=&quot;nofollow&quot;&gt;my post on &lt;em&gt;at any time&lt;/em&gt;&lt;/a&gt;. I&#039;d be inclined to do dispense with &lt;em&gt;immediately&lt;/em&gt;, but it doesn&#039;t hurt.

The comments by Michael and Mike have caused me to refine my recommendation: Use &lt;em&gt;promptly&lt;/em&gt; instead of &lt;em&gt;immediately&lt;/em&gt; for purposes of obligations and conditions. In language of discretion, &lt;em&gt;immediately&lt;/em&gt; serves a different function, so the question isn&#039;t whether to use it instead of &lt;em&gt;promptly&lt;/em&gt; but whether to use it at all. I think it&#039;s generally unnecessary in language of discretion, but it&#039;s also harmless.</description>
		<content:encoded><![CDATA[<p>Reader Mike suggested to me that <em>immediate</em> is &#8220;usually used in places where one would not expect a &#8216;reasonable period of time&#8217; to be anything but immediate.&#8221; He offered the following example: &#8220;User is responsible for the activities of User&#8217;s account. If Service Provider detects any unauthorized use of a User&#8217;s account, Service Provider shall suspend that account immediately.&#8221; </p>
<p>I agree: it makes sense to use immediately if you&#8217;re seeking to convey a real sense of urgency. Nevertheless, even when you&#8217;re dealing with suspending someone&#8217;s account, <em>immediately</em> might take a couple of hours. (It&#8217;s an area I know nothing about!)</p>
<p>Mike also suggested that <em>immediately</em> is common in provisions such as this one: &#8220;If Licensor is acquired by a third party, Licensee may terminate this agreement immediately and without notice.&#8221; Here you&#8217;re getting into territory I covered in <a href="http://www.adamsdrafting.com/2007/11/25/at-any-time/" rel="nofollow">my post on <em>at any time</em></a>. I&#8217;d be inclined to do dispense with <em>immediately</em>, but it doesn&#8217;t hurt.</p>
<p>The comments by Michael and Mike have caused me to refine my recommendation: Use <em>promptly</em> instead of <em>immediately</em> for purposes of obligations and conditions. In language of discretion, <em>immediately</em> serves a different function, so the question isn&#8217;t whether to use it instead of <em>promptly</em> but whether to use it at all. I think it&#8217;s generally unnecessary in language of discretion, but it&#8217;s also harmless.</p>
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		<title>By: Ken Adams</title>
		<link>http://www.adamsdrafting.com/2008/02/04/promptly-and-immediately/comment-page-1/#comment-37001</link>
		<dc:creator>Ken Adams</dc:creator>
		<pubDate>Mon, 04 Feb 2008 16:42:08 +0000</pubDate>
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		<description>Michael: The use of &lt;em&gt;immediately&lt;/em&gt; that I discuss could also occur in a condition.

Regarding the other use of &lt;em&gt;immediately&lt;/em&gt; that you mention, I was too quick to dismiss it. Here&#039;s my preliminary thought: if action A automatically produces effect B, is &lt;em&gt;immediately&lt;/em&gt; even necessary? For example, I don&#039;t think &lt;em&gt;immediately&lt;/em&gt; is required in the following sentence: &quot;This agreement will terminate when the Acme Contract terminates.&quot;

But I&#039;ll ponder this at leisure. Thanks for raising the issue.

Ken</description>
		<content:encoded><![CDATA[<p>Michael: The use of <em>immediately</em> that I discuss could also occur in a condition.</p>
<p>Regarding the other use of <em>immediately</em> that you mention, I was too quick to dismiss it. Here&#8217;s my preliminary thought: if action A automatically produces effect B, is <em>immediately</em> even necessary? For example, I don&#8217;t think <em>immediately</em> is required in the following sentence: &#8220;This agreement will terminate when the Acme Contract terminates.&#8221;</p>
<p>But I&#8217;ll ponder this at leisure. Thanks for raising the issue.</p>
<p>Ken</p>
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		<title>By: Michael Fleming</title>
		<link>http://www.adamsdrafting.com/2008/02/04/promptly-and-immediately/comment-page-1/#comment-36983</link>
		<dc:creator>Michael Fleming</dc:creator>
		<pubDate>Mon, 04 Feb 2008 16:19:48 +0000</pubDate>
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		<description>I might still want to use &lt;i&gt;immediately&lt;/i&gt;, but not in the manner you use it above.  

Your examples seem to presume that &lt;i&gt;immediately&lt;/i&gt; might only be used as a standard for how soon a party to the contract needs to perform an executory action (i.e., &lt;i&gt;immediately&lt;/i&gt; would follow the word &lt;i&gt;shall&lt;/i&gt;, at least when &lt;i&gt;shall&lt;/i&gt; is used in preferred proper Adams-form).  I agree that in that usage &lt;i&gt;promptly&lt;/i&gt; is the preferable choice (since at the leat it&#039;s less rude...), and that there is no point in looking for subtle variations between &lt;i&gt;promptly&lt;/i&gt; and &lt;i&gt;immediately&lt;/i&gt; in this context (absent a contractually agreed upon difference in how the two words are to be interpreted).

However, where a thing will become true as a result of another act having happened, I could still see using &lt;i&gt;immediately&lt;/i&gt;.  For example, &quot;At the time I lose my license to use the Widget, your sublicense to use the Widget  also terminates immediately.&quot;  The extinguishment of the sublicense happens without waiting for a reasonable period of time to pass for a party to act, since no party&#039;s action is required for this to become true - It just &quot;is&quot; because we say so in the contract.  In that context, &lt;i&gt;immediately&lt;/i&gt; makes perfect sense to use (and I don&#039;t see that as creating an unintended ambiguity for those eagle-eyed litigators to pounce upon).</description>
		<content:encoded><![CDATA[<p>I might still want to use <i>immediately</i>, but not in the manner you use it above.  </p>
<p>Your examples seem to presume that <i>immediately</i> might only be used as a standard for how soon a party to the contract needs to perform an executory action (i.e., <i>immediately</i> would follow the word <i>shall</i>, at least when <i>shall</i> is used in preferred proper Adams-form).  I agree that in that usage <i>promptly</i> is the preferable choice (since at the leat it&#8217;s less rude&#8230;), and that there is no point in looking for subtle variations between <i>promptly</i> and <i>immediately</i> in this context (absent a contractually agreed upon difference in how the two words are to be interpreted).</p>
<p>However, where a thing will become true as a result of another act having happened, I could still see using <i>immediately</i>.  For example, &#8220;At the time I lose my license to use the Widget, your sublicense to use the Widget  also terminates immediately.&#8221;  The extinguishment of the sublicense happens without waiting for a reasonable period of time to pass for a party to act, since no party&#8217;s action is required for this to become true &#8211; It just &#8220;is&#8221; because we say so in the contract.  In that context, <i>immediately</i> makes perfect sense to use (and I don&#8217;t see that as creating an unintended ambiguity for those eagle-eyed litigators to pounce upon).</p>
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