Subsequent agreement

A separate, later agreement that changes or modifies the original agreement

ADR

To settle a dispute other than by litigation, including arbitration and mediation

Notary Public

Person authorized by state to administer oaths, certify documents, attest to the authenticity of signatures, and perform other official acts

Self-Proving Document

Complies with formalities and can serve as testimony in court

Defined Term

Short-hand way of referring to a person, place, thing, or event that might otherwise require a lengthy description

Recitals

Short statements that provide background or explain the reasons for the contract; not technically part of a contract

Incorporation by reference

A reference to an outside document, making that document part of a contract

Boilerplate

Standard terms included in most contracts

Construction Rules of

Rules that are applied to resolve contract disputes and to determine parties’ intentions

Merger Clause

Contract provision stating that the document is the complete and final statement of agreement

Record

To record a document is to file it with the official charged with keeping documents such as deeds and judgments

Parol Evidence rule

A writing, intended by the parties to be a final embodiment of their agreement, cannot be modified by evidence that adds to, varies, or contradicts the writing