(PDF) Renvoi Not For the Avoidance of Doubt
Doubt, a Parable
The phrase "for avoidance of doubt" indicates a part of an agreement that is intended to restate what another portion of the contract (often in conjunction with applicable law) already implies. The phrase is added to ensure that the restatement won't be pointed to as a way to argue that other parts of the contract should be interpreted.
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A somewhat cerebral phrase often used to introduce such a rephrase, is for the avoidance of doubt (or, equally, for the sake of clarity ). It attempts to make something explicit that should already be covered by the preceding wording but could (reasonably or arguably) be interpreted otherwise. A sentence starting with in other words should.
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Here are a few examples of how the legalese for the avoidance of doubt is used in contracts. Example 1. For the avoidance of doubt, the Parties agree and acknowledge that neither a Change in Control nor a Corporate Transaction has occurred on or prior to the date hereof and, therefore, all references to "Floor Value" in the Agreement.
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Examples of For the avoidance of doubt, in a sentence. For the avoidance of doubt, " cardholder" as used in this Card Services Agreement shall include Card Members as defined in the American Express Guide. For the avoidance of doubt, [***] will retain final decision-making authority as to the listing of all applicable Patents for any Licensed Product, regardless of which Party owns such Patent.
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But used in that manner, for the avoidance of doubt is merely a filler—what follows has to be able to stand on its own, as in this example: This arbitration agreement applies to all matters relating to this, the RSU Agreement, and the Executive's employment with the Company, including disputes about the validity, interpretation, or effect.
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10 August 2006 | Ken Adams. How's this for a categorical statement: Never use for the avoidance of doubt. Sometimes a drafter will use this phrase in a contract to introduce language that seeks to clarify preceding language, usually by indicating that something either falls within or is excluded from the scope of the preceding language.
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For the avoidance of doubt (or equally, for the sake of clarity) is invariably used in connection with a preceding sentence or contract clause, which it attempts to further clarify.A contract drafter should avoid the overuse of for the avoidance of doubt.. In short, the message addressed 'for the avoidance of doubt' is already within the contractual wording even though you don't.
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Sample 1. Avoidance of Doubt. For the avoidance of doubt, the parties acknowledge that: Sample 1 Sample 2. Avoidance of Doubt. The undersigned hereby agree, for the avoidance of doubt, that (a) this Amendment shall be a Transaction Document, (b) any references to the Exchange Agreement in any of the Transaction Documents shall mean the Exchange.
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from inspiring English sources. "for the avoidance of doubt" is a correct and usable phrase in written English. It is used to ensure that there is no misunderstanding about a particular point. For example: "I will not be attending the meeting, for the avoidance of doubt.". For the avoidance of doubt, though, if any homophobes reading this want.
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1. BBC. For the avoidance of doubt, though, if any homophobes reading this want to avoid catching gay by boycotting water, I'm all for it. 2. Vice. "Brown bread" means dead, for the avoidance of doubt. 3. Independent. For the avoidance of doubt, that doesn't mean that a hung parliament is desirable.
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Avoidance is defined in as "a making void, useless, empty or of no effect; annulling, cancelling; escaping or avoiding.". Doubt is defined as, "uncertainty of mind; the absence of a settled.
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For the avoidance of doubt, it is not a breach of the Confidentiality Restrictions for the Receiving Party to disclose Confidential Information when, and to the minimum extent, required by a legally-enforceable external demand — such as (for example) a subpoena, search warrant, summons, interrogatory, requests for production of documents, or.
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For the avoidance of doubt (or equally, for the sake of clarity) is invariably used in connection with a preceding sentence or contract clause, which it attempts to further clarify. A contract drafter should avoid the overuse of for the avoidance of doubt. In short, the message addressed ' for the avoidance of doubt ' is already within the.
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"For avoidance of doubt, I unreservedly condemn the Russian invasion of Ukraine and fully support the actions of governments worldwide to impose sanctions on both the Russian state and individuals connected to it. However, any individual subject to such sanctions in the UK has the right to challenge those sanctions in court, and there may be.
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Sample Clauses. For the avoidance of doubt a) If an Employee is required to undertake any work on a public holiday, including overtime, clause 6.1.6 does not apply and sub-clauses 6.1.3 and 6.1.4 apply. For the avoidance of doubt. 8.1. if You hold other BEE Securities in certificated form, You will have concluded a different contract to cover.
(PDF) Renvoi Not For the Avoidance of Doubt
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder..
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