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

[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?

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.