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All content by Kyle E. Mitchell, who is not your lawyer.

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Named ProvisionsIf contract section numbers are just another namespace, can they be replaced with defined terms?

Compare:

3.4. Confidentiality. Each part (as “Receiving Party”) …

12.2. Liability Cap. The maximum, aggregate liability … provided … shall not apply to breaches of section 3.4.

with:

3.4. Confidentiality. Each part (as “Receiving Party”) …

12.2. Liability Cap. The maximum, aggregate liability … provided … shall not apply to breaches of section 3.4 (Confidentiality).

and:

3.4. Pursuant to this section (“Confidentiality”), Each party (as “Receiving Party”) …

12.2. Liability Cap. The maximum, aggregate liability … provided … shall not apply to breaches of Confidentiality.

or even:

3.4. Confidentiality. Each part (as “Receiving Party”) …

12.2. Liability Cap. The maximum, aggregate liability … provided … shall not apply to breaches of Confidentiality.

Your thoughts and feedback are always welcome by e-mail.

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