This post is a companion piece to my post on intends to (here). It looks at unhelpful uses of intends that, looks at uses that seem legitimate, and then suggests how all this change the MSCD categories-of-contract-language framework. Compliance One
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Guiding companies around the world, Adams Contracts Consulting LLC develops clear effective templated contracts. Automating templates, through an annotated online questionnaire is just one way they assist companies save time, money, and reduce risk. Acknowledged internationally as the leading authority on contract language, Ken Adams the president and founder, developed the groundwork of the company’s efforts through his extensive expertise.
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“Intends To”
By Ken Adams
25+ years into this contract-language racket, I asked myself, What’s up with intends to? I intend to answer that question in this post. Let’s start with an example of intends to: PetVivo intends to utilize any proceeds from this offering…
Dual Verb Structures: “Intends to X and Shall X”
By Ken Adams
I’ve collected a handful of dual verb structures, all of which are bogus. Go here for those blog posts. Here, after a years-long gap, is another one: intend to X and shall X. Here’s an example: The Parties intend to…
How Not to Use Enumerated Clauses
By Ken Adams
See the accompanying screenshot? It features unhelpful use of enumerated clauses. MSCD recommends using enumerated clauses when you have introductory language followed by a series of parallel clauses and those parallel clauses are long enough, or there are enough of…
“Unreasonable Efforts”
By Ken Adams
Hot on the heels of my post on material efforts, here are two contract extracts that feature the phrase unreasonable efforts. The first (immediately below) is redundantly tacked on to a reasonable efforts obligation. And generally, using a reasonable efforts…
Hey Big AI, I’m Open to Doing the Ken-Bot Thing
By Ken Adams
I think it was in 2024 that I first encountered someone asking AI to revise contract language to reflect the guidelines in A Manual of Style for Contract Drafting. (See this blog post.) Well, I’m hearing that increasingly often. Three…
“Material Efforts”!!!
By Ken Adams
Excuse me for interrupting the nonstop fixation on AI, but I feel compelled to report another front in the efforts wars. It took me 20+ years to get around to it, but on a whim I searched on EDGAR for…
Contracts Are Slop, and Most Organizations Don’t Care
By Ken Adams
Are you familiar with Eugene Healy? He’s a “brand strategy consultant.” His short videos on trends in branding somehow manage to be relevant to contracts. Although I’m sure most of his readers are found elsewhere, he deigns to post on…
In a World of Dysfunctional Contracts, “Drafting Clearer Contracts” Training Is More Important, Not Less
By Ken Adams
This week, I gave a presentation to the European Legal English Teachers’ Association (EULETA). Here is what was my last slide (well, apart from the slide with the discount code for MSCD): I stand by it, but with one important…
My New Article on “Agreement and Plan of Merger”
By Ken Adams
Yesterday, Business Law Today, the publication of the ABA Business Law Section, published my article Fixing the Problem That Is “Agreement and Plan of Merger”. I recognized years ago that agreement and plan of merger was … problematic, but it…