Common Provisions In California Contract Clauses

A contract clause is a specific section or provision included within a written contract. Each clause in a contract is included to address a specific piece of the overall deal being set down on paper. The contract clause is meant to clearly define the various duties, rights and privileges provided to different parties involved in an agreement as designated under the contract terms. In most contracts, these clauses can be found at the end. While the contract clause can be in many different forms and aimed at many different issues, there are common clauses or provisions often seen in California contracts.
Common Provisions in California Contracts:
Choice of Law/Forum Clause: in which the parties involved agree to contract terms being interpreted …show more content…
Time of Performance Clause: in which the time frame is specified during which contract duties should or should be completed. Specifically stating that “time is of the essence” means that if the duties detailed in the contract are not completed in a timely manner, a breach of contract suit can be filed.
Merger Clause: in which it is specified that the current contract will override previous agreements or contracts.
Indemnification Clause: in which the other party is released from liability in the event that either losses or expenses occur. This type of clause can limit the ability to recover damages for losses and should be used with caution.
Non-waiver Clause: in which it is agreed that accepting non-complying action from one party does not prevent the other party from seeking enforcement for their full contractual rights.
Severability Clause: in which the remainder of the contract is determined to be enforceable even if a portion or section of the contract is found to be invalid. This is also sometimes referred to as a savings