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Contract common provision

Question
What is a "common provision" in a contract? 
Answer
A common provision is usually found toward the end of a contract and says all promises are written within the agreement and there are no further understanding provisions or promises. It means that everything your sales rep told you about the product or deal, for example, is not valid unless it's written in the agreement.

Some common provisions are so unfair the courts refuse to enforce them. It's very important to document them to protect yourself.

Handle this while in discussion by writing down everything that is important to you. Use your list to remind the other party what you want included in the written agreement. If the other party says no, then you know what is real and what isn't. This is an honorable way to do business. 
Brain Trust contributor: Attorney, Munley, Munley, and Cartwright
Related Categories: Legal
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