Beware The Boilerplate In Merger Clauses

Law360, New York (June 28, 2013, 10:09 AM EDT) -- You’ve just settled a big case or negotiated a transaction, and the client is eager to sign papers by week’s end. No problem; just plug the major terms into the last such document you drafted, customize where necessary, and hit print. You don’t even worry about those boilerplate provisions at the back — they never change, right? Wrong!

Hiding at the back of almost every contract is the Clark Kent of contract clauses — the merger clause. It’s there most all the time and you hardly...
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