Draft for an ordinary reader, not for a mythical judge who might someday review
the following sentences so that they aren't so obviously directed to the
- Nothing expressed or implied in this Agreement
is intended or shall be construed to give to any person or entity, other than
the parties and the Buyer's permitted assignees, any rights or remedies under
or by reason of this Agreement.
- The Corporation and the Executive explicitly agree that this
Agreement has been negotiated by each at arm's length and that legal counsel
for both parties have had a full and fair opportunity to review the Agreement
so that any court will fully enforce it as written.
- The employee explicitly acknowledges and agrees that the agreement
not to compete, set forth above, is ancillary to an otherwise enforceable
agreement and is supported by independent, valuable consideration as required
by Texas Business and Commerce Code § 15.50. The employee further agrees
that the limitations as to time, geographical area, and scope of activity to be
restrained are reasonable and do not impose any greater restraint than is
reasonably necessary to protect the goodwill and other business interests of
formbook, identify a legal document that no one apart from an expert would
likely understand. If you're part of a writing group or class, be prepared to
discuss (1) the extent to which people other than experts might need to be able
to understand the document, and (2) at least three characteristics of the
document that make it particularly difficult.
one or two provisions (about 200 words total) from the document you identified
for the Intermediate exercise. Produce before-and-after versions. If you're
part of a writing group or class, bring a copy for each colleague.
- Exercise -