So when is it appropriate to use acknowledge? Black`s Law Dictionary gives as a definition of recognition "(something) as objective or valid", but this offers few practical instructions. I am of the opinion that representation and recognition serve to introduce factual assertions. They should represent whether the party concerned has first-hand knowledge of this fact; You must confirm whether the party concerned does not know this fact first-hand, but rather accepts as correct a fact alleged by another party. The Parties acknowledge that this Agreement does not replace, modify or modify the terms of stock options that Acme granted to the Executive prior to the date of this Agreement. (c) has been advised by [PARTY A] and has had sufficient opportunities to consult with counsel of its choice with respect to this Agreement, and the Parties acknowledge that breach of an obligation under this Section 10.2 causes irreparable harm to the disclosed Party and that financial damage is not an adequate solution. Do you need an effective way to ask your employees to indicate and sign the fact that they have been alerted to a new directive or amendment and have obtained a copy? You should use a policy confirmation. Here you will find an example of a policy confirmation that you can use if staff need to confirm receipt and understanding of a directive. It is an acknowledgement that the person had the opportunity to verify the agreement with a lawyer, not that he or she did. Each shareholder acknowledges that the merger shares have not been registered under the Securities Act and are issued under a registration waiver. Authors sometimes have a party that "unconditionally acknowledges" or "expressly acknowledges" something. These uses are a rhetorical emphasis. (For more information on the rhetorical accent, see this article.) Each lender acknowledges that it will conduct its own independent investigation into the financial situation and affairs of each borrower.
(d) knowingly and voluntarily accepts all the terms of this Agreement, without undue coercion, coercion or influence by [PARTY A], its representatives or any other person, and agrees to be legally bound by such terms. The consultant declares, guarantees and acknowledges and undertakes and agrees with the company as follows: it is never wise to use recognition in combination with another verb. Recognizing and approving is a particularly common example of this practice; Depending on the verbs below, you must either use acknowledge alone or renounce both verbs. (MSCD 3.31 provides that because the parties state in the contract that they agree with the following, nothing is served by declaring, in the part of the contract, that they accept a particular provision.) A style manual for contracting refers only once to the verb acknowledge. Damn it, he doesn`t even deserve an entry in the index. I will give him the treatment he deserves. Acme acknowledges that the consultant provides services and advises others. Here are three examples of the appropriate use of acknowledge: in the following two examples, acknowledge is inappropriately used to introduce the language of the obligation or the language of the directive: Here is an example of the language of the performance: Acme licenses Smith.
In my first book, I call this kind of language a "ritual performative." MSCD ¶ 3.8 finds that this type of performance language must be distinguished from a performance language that uses a verb of speech, such as for example. B recognize or approve. . . . .