(c) has been advised by [PARTY A] and has had ample opportunity to consult with counsel of his or her choice regarding this Agreement, and the clause accepting the terms of the Agreement (or revised by an independent lawyer or legal counsel) contains confirmation by a person who is a party to the Agreement that he or she has read and understood the Agreement; had the opportunity to review the agreement with independent legal counsel and voluntarily signed it. If one of the parties to the agreement is a lawyer, its code of ethics may require that the other party be effectively advised by an independent lawyer. (See, for example, the rules that apply to Ontario lawyers.) The parties acknowledge that this Agreement does not supersede, modify or in any way affect the terms of the stock options granted by Acme to executive law prior to the date of this Agreement. 1. Acceptance of the terms and conditions of the contract. Before signing this agreement, [PART B] It is an acknowledgement that the person had the opportunity to review the agreement with a lawyer, not that he or she actually did. Advice from legal counsel. [PARTY A] advised [PARTY B] to review this Agreement with counsel of its choice before signing this Agreement, and [PART B] had a reasonable period of time to do so. (d) knowingly and voluntarily accepts all the terms of this Agreement, without coercion, coercion or undue influence by [PARTY A], its agents or any other person, and agrees to be legally bound by these Terms. It never makes sense to use recognize in combination with another verb.
Recognizing and accepting is a particularly common example of this practice; Depending on the following verbs, you should either use recognize alone or do without both verbs. (THE DSCS ¶ 3.31 states that because the parties to the contract declare that they accept the following, nothing is served by the parties in the part of the contract declaring that they accept a particular provision.) An alternative to Part X by stating that a fact alleged by Part Y is correct confirms that it should be included in the recitals. If the circumstance in question relates to the context of the concentration, it would certainly be part of the recitals. However, if this fact is particularly important, it may be preferable to reinforce this importance by having this fact recognized by one or more parties in the text of the contract. Acme acknowledges that the Consultant provides services and advises others. Each shareholder acknowledges that the amalgamation shares have not been registered under the Securities Act and will instead be issued under an exemption from registration. In the following two examples, recognition is used inappropriately to introduce the language of engagement or the language of policy: In MSCD, I note that one of the categories of contractual language is the language of performance, which serves to remember the actions of the parties that are at the same time as the signing of the contract. .
Sometimes a draftsman throws into the kitchen sink: Recognition should only be used to introduce a fact claimed by another party. It should not be used to introduce a language that is itself a category of contractual languages. . Here is an example of the performance language: Acme hereby licenses Smith. In my first book, I call this type of language a “performative ritual.” THE MSCD ¶ 3.8 states that this type of performance language must be distinguished from a performance language that uses a speech verb, such as recognizing or accepting .B. Here are three examples of the proper use of recognition: Writers sometimes have a party that “unconditionally acknowledges” or “explicitly acknowledges” something. .