Standard Position-Favoring Contract Sentence
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A Standard Position-Favoring Contract Sentence is a position-favoring contract sentence that inherently favors the interests of one party as per the conventional norms or typical structures within a contract agreement document.
- Context:
- It can (typically) reflect industry standards or customary practices that inherently benefit one party, usually due to traditional power dynamics or the typical nature of the agreement.
- It can (often) serve as a starting point in contract negotiations, where its position-favoring nature is acknowledged and may be adjusted to achieve a more balanced agreement.
- It can be identified during a Contract Review Task, highlighting areas for potential negotiation or amendment.
- It can (typically) exist within contracts like Gross Lease Agreements, where the standard terms tend to favor the lessor or lessee in specific scenarios, such as responsibility for repairs following a casualty event.
- It can lead to discussions on how to balance or offset these inherent biases, potentially through additional benefits or concessions to the other party.
- It can range from being a Mildly Position-Favoring Contract Sentence, accepted as part of standard practice, to being a Negotiation-Shifted Position-Favoring Contract Sentence, where its terms have been significantly altered through negotiation to balance or mitigate the inherent favoring.
- It can range from being a Standard Position-Favoring Residential Lease Agreement Sentence (in a residential lease agreement) to being a Standard Position-Favoring Commercial Lease Agreement Sentence (in a commercial lease agreement).
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- Example(s):
- “In the event of damage to the premises caused by fire or other casualty not attributed to the tenant, the landlord shall be wholly responsible for repairs, unless the extent of damage is such that repair is impractical, in which case the terms of the lease may be subject to renegotiation or termination.", reflecting a common clause in Gross Commercial Lease Agreements that initially favors the landlord by assigning them responsibility for repairs, a stance that can be seen as protecting the tenant's interests unless otherwise negotiated.
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- Counter-Example(s):
- A Non-Standard Position-Favoring Contract Sentence, such as that in a Gross Lease Agreement the Casualty Damage and Restoration Provision has the tenant as obligated to repair.
- A Mutually Balanced Contract Sentence, which is crafted to ensure that terms and conditions are equally favorable to both parties involved in the contract.
- A Dynamic Position-Favoring Contract Sentence, where the favoring of a party's position is not static but can vary depending on certain conditions or over time.
- A Custom Contract Sentence, which deviates from industry norms to cater to the specific negotiations and agreements between the parties involved.
- See: Position-Favoring Contract Sentence, Contract Negotiation, Contract Review Task, Gross Lease Agreement, [[