
Regardless of whether the contract is simple or complex, there are a few standard peices most contracts contain:
- Identification of the parties, including the name and potentially address of the party.
- Recitations. Stating factual provisions or the purpose of the contract. These recitations are non-binding on the parties.
- Definitions. These provide a way to interpret contract terms.
- Substantive clauses. These could include:
- Term and termination of the contract
- Party relationships
- Representations and warranties
- Pricing
- Remedies
- General Provisions. These are also known as miscellaneous provisions and could include:
- Merger clauses. A merger clause states that the contract is the entire agreement between the parties.
- Severability. If a provision is improper, then the remainder of the contract can remain in force.
- Choice of law and forum.
- Signatures
- Any Schedules or Exhibits