The Notice Clause: The Mechanism of Communication

Author(s): Frank Sewell

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All too often, the notice provision is brushed over during the agreement review. As long as there is a reasonably identified contact person on each side, most reviewers accept the language as proposed. This can result in some awkward revelations when things go wrong.

If we suppose the purpose of an agreement is to eliminate future arguments by clarifying both parties’ understandings and intentions, shouldn’t we also pay attention to the embedded mechanisms for reaching an agreement?

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