A feature of my categories-of-contract-language framework is something I used to call “passive-type policies” but in the fourth edition of MSCD (forthcoming) call “buried-actor policies.”
In this 2016 post I wrote about is subject to as an example of a buried-actor policy. Here’s another: is eligible for.
Consider how it’s used in this sentence:
The Employee is eligible for a target bonus (a “Target Bonus”) equal to 50% of his Base Pay for threshold performance and additional amounts paid for exceptional performance as determined by the Compensation Committee.
It would be clearer to say instead The Company shall pay the Employee … if ….
The same goes for is not eligible for:
The Agent’s expenses are not eligible for reimbursement by Acme.
I’d revise that to read Acme is not required to reimburse the Agent’s expenses.
