Selected Usages – Problematic Words & Phrases in Contracts

Faculty

During this session, Ken will take a deep dive and discuss these problematic words and phrases, the misconceptions surrounding them, and provide options that are more concise and less prone to confusion.

Specific contentious and hot button provisions, words and phrases addressed, include:

• Efforts provisions – what’s the difference between ‘best’ vs. ‘reasonable’?
• ‘Indemnification’ vs. ‘hold harmless’
• ‘Represents and warrants’
• ‘Notwithstanding’ vs. ‘subject to’
• ‘Including but not limited to’; ‘including without limitation’
• Challenges with select phrases: ‘time is of the essence’; ‘material adverse change’; ‘best efforts’
• Clarity in damages provisions

Faculty

Course Leader

• Kenneth A. Adams is the leading authority on contract language. His book, A Manual of Style for Contract Drafting is one of the ABA’s best-selling titles and has become an essential resource for contract drafters. He gives public and in-house seminars in the U.S., Canada and internationally, acts as a consultant and expert witness. From 2006 to 2012, Ken was a lecturer in law at the University of Pennsylvania Law School, where he taught the school’s first course on contract drafting. After graduating from the University of Pennsylvania Law School, Ken practiced corporate law at major law firms in the U.S. and Europe. His website and blog are www.adamsdrafting.com.

Group Discounts

Please note that the group discount is only available when paying for members of the same organization, at the same time, and payment is made with one invoice.

Webcast Fee per Delegate

2-3 delegates: 25% off program fee
4-10 delegates: 30% off program fee
11+ delegates: 35% off program fee
Boardroom rates available.

Delivery

The video stream will be sent to you via email as soon as payment is successfully processed.

Refunds

All sales are final. Please make all enquiries related to program content and CPD/MCLE credit hours prior to purchase.

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