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Adams on Contract Drafting

“Nothing in this Agreement Prevents X from [Doing Something]”

Posted on June 11, 2017 by Ken Adams

[Update: This 30 July 2017 post rendered this post redundant.]

In this 2015 post I consider Nothing in this agreement gives X the right to [do something].

Now let’s consider Nothing in this agreement prevents X from [doing something].

We have to ask the age-old question: what category of contract language is this? Is it language of discretion? In other words, how about saying instead X may [do something]? I wouldn’t do that: it suggests that X is being granted permission under the contract, whereas the point is that nothing in the contract interferes with X doing whatever it it.

I say it’s language of declaration: Y acknowledges that nothing in this agreement prevents X from [doing something].

Any objections?

Posted in Categories of Contract Language 5 Comments

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In addition to Ken’s posts from February 2013, this blog contains Ken’s posts from The Koncise Drafter (from December 2010 to February 2013) and from the AdamsDrafting blog (from May 2006 to December 2010).

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