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GENERAL CONTRACTUAL CLAUSES

This General Contractual Clauses document contains several clauses generally found in commercial contracts. These clauses are commonly known as boilerplate clauses, they deal with the way in which the contract operates and they regulate, control and modify the rights and obligations of the parties.

 

These General Contractual Clauses can be included into any commercial contract.

 

This template document contains the following clauses:

 

  • Arbitration Clause - this clause requires the parties to resolve their disputes through an arbitration process.
  • Assignment Clause - this clause allows the parties to the agreement to assign the benefits of the agreement or sub-contract the work to a third party.
  • Entire Agreement Clause - this clause prevents the party relying upon it from being liable for any statements or representations except as expressly set out in the agreement.
  • Force Majeure Clause - this clause is intended to suspend or terminate the contractual obligations if an event occurs that is outside the parties’ control.
  • Governing Law and Jurisdiction Clause - this clause determines where disputes should be heard and the law applicable to the contract.
  • Non-Assignment Clause - this clause prevents the other party from assigning the benefit of the agreement or subcontracting the work to third party without the consent of the other party to the contract.
  • Notices Clause - this clause provides for the places where notice is to be served, the method of service and the time at which the notice is deemed to be served.
  • Rights of Third Parties (Exclusion) Clause - this clause prevents a third party (a person who is not a party to the agreement) from claiming rights under a particular term of the agreement.
  • Severance Clause - this clause aims to ensure that if any clause is declared to be illegal, unenforceable or invalid, it will be capable of being ‘severed’ from the contract at the discretion of the court. The intention is that the remaining contract or part of the particular provision will remain valid and enforceable.
  • Termination Clause - this clause prescribes both the reasons for termination and the procedure to be adopted in terminating the contract.
  • Waiver Clause - this clause aims to preserve a party's rights and remedies if that party fails, whether intentionally or by oversight, to take action in respect of a breach of contract.


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