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In today's example of abuse of the word "agreement", we have an extract from a credit agreement (from EDGAR) dated 2 May 2024. The borrower is ABPLF SPV I LLC. The extract consists of section 12.16 (Confidentiality). That section uses the phrase "this confidentiality agreement" to refer to that section. According to that logic, a section addressing the governing law of a contract should refer to itself as "this governing-law agreement". What's to be done about this? Nothing, other than hoping that those responsible see the error of their ways. The simplest explanation for this glitch would be that this extract was copied from a confidentiality agreement and no one thought to make changes required by the different context. But if that were the case, it's overwhelmingly likely that the confidentiality would have referred to itself as "this Agreement", not "this confidentiality agreement". So ¯\_(ツ)_/¯

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Dear contract negotiators, Stop saying things are "market" without coming to the table with proof. Otherwise, you look arrogant and like you don't know what you're doing. Sincerely, A recovering contracts manager H/T Contract Nerds webinar "Getting to 'Yes' in Contract Negotiations" for the inspiration today! #contractnegotiation #contracts #inhouselegal #legalprofessional

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