This series of posts will look at the obscure phrases commonly used in British or American commercial contracts and are based on the drafting standards of these jurisdictions. When working with contracts in English, it is critical that we use these fixed phrases correctly. This exercise gives you the opportunity to practice the phrases which were introduced in the related post 1 and post 2.

Complete the text with the appropriate contractual phrases from the previous 2 posts:

  1. You may not sublicense, assign or transfer the license or any programs ………….. Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties or obligations hereunder is null and void.
  2. If an offender is charged with a criminal offence and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the offender’s criminal behaviour, the court may accept, prior to the entry of a guilty plea, the offender’s request for intervention …………. of conviction.
  3. The High Court has ruled that where a contract is expressed to be governed by English Law, the contract must be …………. English law principles of contract construction despite the contract being in US form.
  4. In …………., there is the case of certain manufactured products, where there is no need to prove negligence but the injured party must prove that the product was defective.
  5. Auditors from Deloitte have issued a …………. warning on the accounts of Hull City, the embattled Premier League Club facing relegation that this week sacked its manager.
  6. Copying, dissemination or other publication of this article or parts thereof without the …………. of ČTK is expressly forbidden.
  7. The third report of the independent reviewer …………. section 14(3) of the Prevention of Terrorism Act 2005.
  8. If the …………. of qualified mortgage credit certificates (as defined in paragraph (b)) issued by an issuer under a qualified mortgage credit certificate program exceeds 20 percent of the nonissued bond amount (as defined in paragraph (c)), the provisions of paragraph (d) shall apply.
  9. Collateral will be released upon the receipt of a Release of Liability and ………… by the Obligee, or a replacement bond containing language releasing Amwest Surety Insurance Company of any and all obligations, subject to the approval of the Liquidator or his representatives.
  10. When running a business both you and your staff will …………. that are on behalf of the business.

Answers:1)…except as expressly provided in this Agreement 2)…in lieu 3)…construed in accordance with 4)…matters of a product liability nature 5)…going concern 6)…prior written consent 7)…pursuant to 8)…aggregate amount 9)…Discharge of Liability 10)…incur expenses