| Commentary

40 Linking words

| Commentary

40 Linking words

Linking words are intended to indicate, in ‘standard’ type agreements, different sections. The conventional wording is placed:

  1. 40.1

        immediately after the parties clause(s): ‘recitals’, ‘whereas’, ‘background’ (if there are recitals, etc);

  2. 40.2

        immediately after the recitals clause(s) and before the operative provisions: ‘it is now agreed as follows’, ‘it is agreed as follows’ or ‘now, therefore, it is hereby agreed as follows’ (or for a deed: ‘this deed witnesses as follows’)1.

Whether such wording is included or not will not usually affect the legal effectiveness of the agreement or the underlying contract2.

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