“Where” literally means “given the fact that,” and seems how many lawyers think it`s better to start a contract. “Whereas clauses,” even if they do not use the word “whereas,” are generally considered an introduction or preamble to a contract and not as part of the operational provisions of the contract. Preamble. The preamble is usually given the title considerations, during or background, probably written in all-caps or bold. They address some of the key features of the agreement, the associated transaction or the parties` transactions and help the reader understand the background before looking at the Definitions section. The content. The information mentioned in the preamble should be limited to intentions, wishes or factual assertions. It is customary to limit these statements to substantive issues that may lead to a direct breach of the validity or applicability of the contract. Other features that explain the overall picture of the proposed concentration, such as the interdependence of the contract with other agreements (if any) or the need to comply with certain essential conditions or grant regulatory approvals, can also be discussed here. Overall, the views discussed in a preamble should be of such importance that, if one of them does not apply, the contract may be cancelled for legal reasons (hereafter the “error”). Types of clauses of consideration.
The recitals provide general information on the parties, the context of the agreement and the introduction into the agreement itself. There are several kinds of clauses: we now know why spvorets are picky about their pieces of meat, and why Merry meats can help. Sometimes they may even discuss why it is important to know whether the contract is exclusive or not. It is important that all real requirements or needs are taken into account in the agreement itself, and not just in the recitals. On the contrary, recitals are used to create a context on the provisions and explain why certain provisions exist. As a general rule, court decisions use clauses before the clause or clauses that contain court instructions. A court could, for example, declare that “while the applicant has filed an application for certain documents, the court has held a hearing on the application and has been the subject of extensive consultation in this matter, it is now ordered that the request for the requested documents be rejected.” So feel free to ignore the “whereas`s” and “now, therefore,” but the following words, they can help you understand why this treaty exists. It is the same when it comes to section titles or paragraphs.