Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this Demand Management Storage Agreement, each of whom is sophisticated in the matters to which this Demand Management Storage Agreement pertains, and no one Party shall be considered to have drafted this Demand Management Storage Agreement.
Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this Drought Response Operations Agreement, each of whom is sophisticated in the matters to which Drought Response Operations Agreement pertains, and no one Party shall be considered to have drafted this Drought Response Operations Agreement.
Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this Companion Agreement, each of whom is sophisticated in the matters to which this Companion Agreement pertains, and no one Party shall be considered to have drafted this Companion Agreement.
Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this LB DCP Agreement, each of whom is sophisticated in the matters to which this LB DCP Agreement pertains, and no one Party shall be considered to have drafted this LB DCP Agreement.
Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this Agreement, each of whom is sophisticated in the matters to which this Agreement pertains, and no one Party shall be considered to have drafted this Agreement.
Drafting Considerations. This Agreement has been drafted, negotiated, and revised by each of the parties hereto, each of whom is sophisticated in the matters to which this Agreement pertains, and no specific party shall be considered to have drafted this Agreement.
Drafting Considerations. 1. Drafting a prenuptial agreement is challenging because it is virtually impossible to envision all the possible directions the couple may take in the future (children, careers, inheritances, etc.), and contemplate revisions of the law.
2. It is similarly difficult to foreclose every avenue for challenge of a prenuptial agreement, and drafting in a manner that sets forth a separate provision for every possible contingency creates inflexibility and ignores the unimaginable event.
Drafting Considerations. 1. Basic advice for good drafting holds for mediation agreements as well. So,
(a) keep it simple
(b) be clear
(c) use standard English
(d) use short, declarative sentences
(e) state duties and obligations in terms of "will" or "shall"
(f) state who is to do what -- avoid passive voice
(g) be careful about pronouns; names are usually clearer
(h) use numbers (e.g. "1, 2, 3, 4") rather than words (e.g. "one, two, three, four") See also Xxxxxxx X. Xxxxx, A Manual of Style for Contract Drafting 359-373 (2d ed 2008).
Drafting Considerations. 2.1 When drafting detailed continuous improvement provisions, the Authority will need to consider the following:
2.1.1 what types of improvement does the Authority intend to achieve? (e.g. consider the overriding objectives described in paragraph 1.2 (above));
2.1.2 how can the desired improvements be achieved both in the long term and the short term? e.g. what processes and methodologies for identifying and implementing improvements should be used?
2.1.3 if a continuous improvement change is implemented what will be the effect on other aspects of the Agreement e.g. adjustments to the Financial Model, benefit-sharing payments, Service Description, Service Levels;
2.1.4 how will the continuous improvement regime relate to the other contractual mechanisms for effecting improvements/enhancements to the Services? e.g. Change process, benchmarking.
2.2 Whilst it will be difficult to settle a definitive position in relation to the points set out in paragraph 2.1, it is important that the Authority has a clear idea of what it intends to achieve through the continuous improvement regime (even if at a high-level). The detailed provisions will need to be developed in collaboration with bidders and each bidder will have a different approach.
Drafting Considerations. Each Party and its counsel have participated fully in the drafting, review, and revision of this Additional Sharing Agreement, each of whom is sophisticated in subject matters to which this Additional Sharing Agreement pertains, and no one Party shall be considered to have drafted this Additional Sharing Agreement.
