For his argument, Medicis invoked the following «construction rule» contained in the treaty: «the terms «here,» «here,» «present,» «by present,» and derivative or similar terms refer to the whole of that agreement, including the exhibitions on the subject.» Notwithstanding the considerations provided in this section 13.2, each party has the right to take legal action against the other party or any person acting by, by or under that other party to enforce the rights of the introductory party through a fair benefit, omission or discharge. How wide was the contract arbitration? Anacor stated that in this context, «below» meant «under this section,» so the Carveout intended to allow litigation only if necessary to enforce the terms of the arbitration provision. Medicis replied that there was a reference to the whole agreement. (If this has a familiar ring, it`s because the same type of argument on this one presented in this 2011.) When a company files an action (including a termination action) to assert its rights and a judgment is rendered in favour of the company, MANAGER COMPANY reimburses the amount of legal costs incurred in the lawsuit and obtaining a judgment. If manager wins over such an action, COMPANY MANAGER must reimburse the amount of management fees incurred in the same case. The court ended up on Medici`s side, but for the contract signatories, it is irrelevant: we do not want to win fights, we want to avoid them. To reduce the risk of confusion, do not use here or here. And eliminating them has the added benefit of eliminating the bare, blurry tone they bring. Try to get past the habit of using it here and here. Be concrete and write «on this agreement»: it is hard to imagine that «the parties» refer to anything other than «the parties to this agreement» (and if there is any doubt, define the parties as «parties» in the party blocs): in this blog post, I will address a somewhat tenaciously old and formal wording: the use of the words of it from them. , below (and I`m not going to dwell on even worse enlargements, hence, here, here, here, here, here, here or here).
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