Monthly Archives: November 2009

License-Granting Language Is Just Another Contract Provision

Yesterday I revisited the question of the relationship between a license and the contract that grants the license. This issue arose in connection with a …

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“Shall Never”

Today I encountered shall never in a contract. I think it’s a form of rhetorical emphasis—you’re saying the same thing as shall not, but you’re …

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“Product” and “Units of Product”

I was reminded today how the word product can be a nuisance when drafting, for example, a license agreement providing for a royalty based on …

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Why Bother Learning to Draft Contracts More Clearly?

In my recent blog post about how BigLaw associates have thus far been immune to the charms of my West seminars (click here), I offered …

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The Not-So-Mysterious Dearth of BigLaw Associates at My Public Seminars

On November 17 I’ll be giving a West LegalEdcenter seminar in New York. I suspect that although I’ll be in the densest BigLaw cluster in …

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More Syntactic Ambiguity

The ever-alert Steven Sholk has informed me of another legal opinion discussing syntactic ambiguity. This one was issued by the Tenth Circuit Court of Appeals …

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“Remit” and “Remittance”

The words remit and remittance occur relatively often in contracts. Black’s Law Dictionary gives as one definition of remit “To transmit (as money) (upon receiving …

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Drafting Without Punctuation?

A participant at my recent seminar in Ottawa reminded me of something I’d never paid much attention to—the idea that one should draft without punctuation. …

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“Hereby Grants” or “Hereby Grants To”?

Warning: grammar nerdiness ahead. In license agreements I see the following two alternative constructions: Acme hereby grants Widgetco a license to … Acme hereby grants to …

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“To Not” or “Not To”?

Sometimes one encounters in contract drafting issues that are of broader relevance. In MSCD, discussion of such issues is grouped in chapter 16, and on …

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“Addendum”

Someone recently asked me what I thought of using the word addendum in connection with contracts. I’m not crazy about it. Black’s Law Dictionary defines …

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