Nicknames for Contract Provisions

Thinking about materiality-scrape provisions had me pondering idly what other contract provisions are known by nicknames. Only three came to mind—ipso facto clausesanti-sandbagging provisions, and “garden leave” clauses. A lame effort by yours truly.

There are doubtless plenty other such nicknames out there. I invite you, dear reader, to tell us any you can think of. The only rule is that a name for a given provision doesn’t count as a nickname if any element of the nickname appears in the language of the provision, including the heading. So, for example, “further assurances” and “merger” provisions don’t make the cut, and neither does “10b-5 representation.”

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.