“Agreement” Weirdness

You might recall this post from last October, when I managed to come up with a contract extract showing how using the dreaded defined term this Agreement might help avoid confusion, assuming you’re really, really incompetent. Well, thanks to an informant buried in the contracts deep state, I now bring you something comparable, the image at the top of this post. Here’s the relevant bit:

Unless the context otherwise requires, any other document or agreement that refers to the Agreement shall be deemed to refer to the Agreement after giving effect to this Agreement (and any other Agreements to the Agreement made from time to time pursuant to its terms).

As my informant noted wryly, “It’s a good thing the drafter defined ‘Agreement’.” It’s the parenthetical that put me over the top.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.