Dar'shun Kendrick

Contract Term Explored: Arbitration Clause

Mediation, arbitration- They each have different meanings and consequences. Arbitration is the pre-litigation, many times mandatory, process parties must go through to solve an issue before another party can sue, if they can sue…more
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Contract Term Explored: Time of of the Essence

Simply put, if you want your services/products delivered ON TIME and not a second late with consequences for lateness, this clause should be included in your agreement…more
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Contract Term Explored: Merger or Integration Clause

Of all the contract provisions, this is one the MOST important. It decides what information CAN and CANNOT get into evidence if there is a dispute. This is a MUST LEARN term…more
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Contract Term Explored: Liquidated Damages

So you've got a good claim, lawyer, money....now---How much money can you possibly collect from the other side? This is where damages comes in and not all damages are created equal, especially under contract law. This provision…more
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Contract Term Explored: Covenants Not to Compete

These provisions are often times found in employment agreements. If you want to prevent an employee from directly competing against you for a certain time period within a certain geographical location within a certain scope,…more
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Contract Term Explored: Warranties and Representations

As a business owner, there are implied (given) promises that you are making about your services and products when you sell to consumers. Other warranties and representations you can expressly make to your customers or clients…more
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Contract Term Explored: Indemnification and Subrogation Clause

No terms give more headache for lawyers and non-lawyers alike than these two. These are two very technical areas of law that I would certainly recommend hiring counsel to navigate. They come into play with insurance companies…more
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Contract Term Explored: Forum Selection Clause

When you sign on the dotted line, if your contract includes this clause it can determine WHERE you litigate or settle your case. Different states have different laws and procedures that can affect your case positively or…more
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Contract Term Explored: Guarantor or Surety Clause

NOTE: This term is for those business owners that "co-sign" for a debt or obligation as well as business owners that sign other business documents that include a "personal guarantee". Just because you are a business does not…more
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