“Related To, But Not Limited To”

In this comment, reader MLB asks, “What’s your thought on the following phrase: ‘related to, but not limited to’ in a contract?”

My response: WTF?

A search on EDGAR found only 49 contracts that use the phrase, and perhaps half of them represent multiple instances of contracts based on the same template. So it’s a rarity—thankfully so, as I don’t know what it means. Don’t use it!

Below are some examples from EDGAR. I’m not even sure what to use instead of related to, but not limited to.

“Device Equipment Contribution” means the PURCHASER’s […***…] reimbursement of research and development costs of SELLER related to, but not limited to, the Device Equipment as described in Exhibit C.

In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law, or any judgment, order or decision thereunder, Purchaser must rescind or restore any payment, or any part thereof, received by Purchaser in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantor by Purchaser shall be without effect, and this Guaranty shall remain in full force and effect to the extent related to, but not limited to, the amount of rescinded or restored payment.

After any fair market value rate study which indicates rents need to be increased, Landlord will increase rents to comply in full with laws and regulations related to but not limited to statutes and regulations prohibiting fraud and abuse, kickbacks and self referrals.

Identify a working team within MMTL to engage with IBM teams on an ongoing basis various aspects related to but not limited to IT, Training, Quality etc.

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.