Except As Otherwise Specified In This Agreement

As reported on ContractsProf Blog, the phrase except otherwise stated in this agreement in the Dan Rather Newscaster contract with CBS. It was also included in the opinion of a New York appeals court in CBS` appeal over the court`s refusal to dismiss Rather`s default action against CBS. Other qualifiers or subordinations. The equivalent of, unless otherwise agreed, would be, whatever is contrary [in this agreement]. Clearly, this counter-clause means that the above provision may limit or qualify another provision (of the treaty or elsewhere). While these clauses imply a rule with certain exceptions, the expression that is the subject of a hierarchical priority of clauses introduced. Otherwise VERBed…, [condition-or-statement-or-rule] (unless the VERbed is different…, [condition-or-statement-or-rule]) a) Unless nothing is agreed in writing, ownership of all objects cited as “government property” will be directly entrusted to the government; … (Unless otherwise agreed in writing, the possession of property that is considered “government property” is transferred directly to the government; – The Code of Federal Regulations of the United States of America Words, unless or with the indication of an exception, which is an exception to the rule for which it is given. If an exception is specific, the agreement should probably look at what is happening in the context of any such exception (or who should do what). If two courts come to different conclusions as to meaning, except as indicated in this agreement, it is a sign that you may want to find another way to articulate the interaction of two provisions.

The fundamental meaning is that the specified condition/instruction/rule be applied in all cases; the only exception (i.e. if the condition/instruction/rule is not applied) if, otherwise, it is VERBed. The Supreme Court erred in finding that the first paragraph, point g), amended the “pay or play” provision by ignoring the original pre-term clause in that paragraph, which states that “[e] xcept, as stated in this agreement otherwise, “[e]xcept”. As the defendants argue, the seven words are essential because they require that paragraph 1, point g), be read at the same time as the pay or play provision and, therefore, paragraph 1, point g), cannot amend the pay-or-play provision so that Rather CBS is used in accordance with a given standard by making it in number or type of mailings. The expression must indicate that there may be exceptions to the agreement, but they must be explicitly stated, usually in writing. Legal documents try to be as broad as possible to cover as many outcomes/possibilities, and therefore would not be able to list all possibilities. In such cases, it may be easier to list exceptions. Good practice – be specific. Instead of using the abstract sentence, unless otherwise agreed, it is recommended to be specific and determine which clause of this provision is actually limited or qualified. Indeed, unless otherwise stated in this agreement, it says: “This provision may well be exceeded by another provision of this treaty.” (This is the equivalent of anything in this agreement against the contrary, which means that this provision may well exceed some other provisions of this treaty.) You will make things clearer for the reader if you refer the reader to another provision that would nullify the provision in question.