Agreement Definition

Drafting Note

This is a suggested definition for the term ‘Agreement’, suitable for use where the agreement will comprise the main body of an agreement together with other documents. Alternatively, the agreement may be defined by reference to another term such as ‘Contract’ or ‘Terms’.

It will not be appropriate to include this definition in every type of agreement (e.g., an agreement that already includes interpretative language with the same effect).

The parties should carefully consider the risk of conflicts between different parts of the same agreement, especially if an agreement has a number of schedules, appendices or annexes or incorporates other external documents.

Agreement

means the main body of this Agreement together with its insert, e.g., schedules, appendices and annexes [and any documents referred to OR attached to it] [if any][, as each may be amended from time to time [in accordance with this Agreement]];