I feel it’s my civic duty to keep you posted of Glenn West’s latest offerings. There’s his post What Is the Deal with No-Oral-Modification/Waiver Clauses? And there’s his most recent post, Avoiding the Mindless Use of the Brainless MAC Clause.
Here’s the gist of the latter: In negotiating carve-outs, bear in mind that not including a carve-out for a particular circumstance when defining MAC doesn’t necessarily mean that a court would hold that occurrence of that circumstance resulted in a MAC.
In the latter post, Glenn continues to show himself a master of the offbeat allusion. I wish I could say that I plan to rival him by working into upcoming posts references to, I dunno, Etha the Anchorite and the Antikythera mechanism, but I cede that turf to Glenn!