General Clauses - Part 1

The "General" or "Miscellaneous" clauses of a lease are sometimes overlooked by the parties during negotiations in the interest of settling the “material” clauses. However, when we carefully consider why these “General” clauses are in so many agreements in one form or another, we realize that it is due to their great importance to the contract, and, in the event of a dispute under the contract, you will likely have recourse to them more often than you first thought.

This Communique identifies some issues for consideration regarding some of the more common "General" clauses in a contract. Not every point is applicable to each transaction (nor for that matter should you assume that every "General" clause should remain in the Agreement) but it is important to consider each clause in relation to what type of business you carry on, where you do business, where your head office is located, your negotiations with the other party(ies) prior to counsel involvement, your religious observance, whether you are a Canadian or Foreign party etc.

For the complete article view the document below.