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anisms. Avoid ambiguity by writing either active termites and active organisms or organisms and active termites. When adding a modifier like active before a pound of nouns like termites and organisms, be sure to clarify whether you intend the modifier to apply to both nouns or just the first one. If you intend it to apply to both, use parallel construction and write the modifier in front of each noun. If you intend it to apply to just one noun, place that one noun at the end of the list and the modifier directly in front of it.活動著的白蟻和有機體之類的話,爲(wèi)了避免模棱兩可,最好這樣寫:“活動著的白蟻和活動著的有機體”或是“白蟻和活動著的有機體”。t say Lessor and Lessee. These are bad nicknames for a lease because they are easily reversed or mistyped. Use Landlord and Tenant instead. The same applies to lienor and lienee, mortgagor and mortgagee, grantor and grantee, licensor and licensee, party A and party B. This is where you can use your creativity to e up with a different nickname for a party, as long as you use it consistently throughout the contract.“出租人”和“承租人”。23. Watch out when using herein. Does wherever used herein mean anywhere in the contract or anywhere in the paragraph? Clarify this ambiguity if it matters.“本文(herein,也可譯爲(wèi)”“在這裏”)時要當(dāng)心。25. When you write including consider adding but not limited to. Unless you intend the list to be allinclusive, you had better clarify your intent that it is merely an example.包括這個詞,就要考慮在其後加上但不限於.....的分句。那些你在學(xué)校裏得到的語法規(guī)則並不是放之四海而皆準的東西,因爲(wèi)有權(quán)力來解釋此合同的法官或陪審團成員學(xué)的語法規(guī)則可能和你學(xué)的不一樣,但不管學(xué)的是什麼規(guī)則,撰寫合同都要遵循一個基本原則:簡潔、明確。t be creative with words. Contract writing is not creative writing and is not meant to provoke reflective thoughts or controversies about nuances of meaning. Contract writing is clear, direct and precise. Therefore, use mon words and mon meanings. Write for the mon man and the mon woman.。28. Be consistent in using words. If you refer to the subject matter of a sales contract as goods use that term throughout the contract。在一份銷售合同中,如果你想用“貨物”來指整個合同的標的物,就不要時而稱它們爲(wèi)“貨物”,時而又改稱它們爲(wèi)“産品”。你可能學(xué)過許多不同類的文法和標點符號規(guī)則,但在使用它們時最好保持一致。類似的條款見附錄A和B。下面有兩個定義術(shù)語的例子:“貨物”(Goods)是指買方已經(jīng)同意向賣方購買的貨物。34. Explain technical terms and concepts. Remember that the parties might understand technical jargon, but the judge and jury who interpret and apply the contract do not. Therefore, explain the contract39。Keep Your Client Informed While You Write第五部分:書寫時要常和你的客戶溝通35. All contracts should e with a cover letter. This gives you a place to instruct your client on how to use and sign the contract.。37. Inform your client of the risks. Writing a letter to the client as you write the contract is the perfect way to inform the client of the risks and rewards of entering into the contract. Frequently, problems do not bee apparent until time is spent trying to word a contract.。s spelling and grammar checker. This almost goes without saying today, especially since Microsoft Word now checks your spelling and grammar as you type. (Unfortunately it also changes per stirpes to per stupid if you fail to watch it closely.) And now there are even puter programs that check contract documents for undefined terms. DealProof is packaged with Corel WordPerfect for law offices, and DocProofReader is available for download for MS Word 97 and 2000.、段落序號以及上下文的注解,你可以自己手動來做,也可以用文字編輯軟件中的拼寫和語法檢查功能來完成,特別是自從有了微軟的word軟件後,做這樣的工作你似乎不要費多少精力(但機器有時也不可靠,如果你不看仔細,它就會把per stirpes改變爲(wèi) per stupid)。你的同事不僅能通過文字處理軟件來幫你檢查到你沒有查到的拼寫和語法錯誤,而且他們還能發(fā)現(xiàn)你起草時沒有察覺到的矛盾和混淆之處。s wishes.41讓你的客戶讀你草擬的合同。如果你將第一稿合同存了兩份在電腦中,那麼其中的一份可以用來存檔,另一份則可以用來繼續(xù)修改。帶草字的擴展名表示此合同是草擬版本。如果你存了很多合同的草擬版本,那麼你就可以很容易地用文字處理軟件或者是CompareRite軟件來比較分析兩個合同版本。用厚一點的紙不僅複印副本很容易,而且,它被保存的時間也要長一些。47. Initial every page of the contract. Having each party initial each page of the contract will make it less likely that anyone could claim a page was changed after the contract was signed.,這樣做可以避免有人懷疑合同簽署後被更改過。49. Be sure that corporate officers include their titles, the corporation name and the word as. Failure to do this can result in personal liability of the officer. The proper way to sign in a representative capacity is as follows:ABC Corporation, a Florida corporationBy:____________________________________John Jones, as its President,一定要寫上他們的職務(wù)和其所在公司的名稱。 White39。WHEREAS, ________________。s Fee Agreement for Probate)IN THE CIRCUIT COURT FOR ______________ COUNTY, FLORIDAPROBATE DIVISIONFILE NUMBER _________IN RE: ESTATE OF______________________,DECEASED.______________________________________/ATTORNEY39。 ., billed and paid at least monthly. In addition, atto。s Rules of Professional Conduct encourage attorneys and clients to enter into fee agreements at the mencement of representation in order to avoid the possibility of misunderstandings, and the Florida Probate Code requires that attorney fee agreements be signed by the Personal Representative and by the persons bearing the impact of the fees。NOW THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties, intending to be legally bound, hereby agree as follows:1. Recitals. The parties agree that the foregoing recitals are true and correct and incorporated herein by this reference.2. __________________.___. Miscellaneous. Time is of the essence of this agreement. This agreement is made in the State of Florida and shall be governed by Florida law. This is the entire agreement between the parties and may not be modified or amended except by a written document signed by the party against whom enforcement is sought. This agreement may be signed in more than one counterpart, in which case each counterpart shall constitute an original of this agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and prono