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Incidental to the negotiation Options
thorx89
Posted: Wednesday, August 03, 2011 9:18:33 PM

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Does anybody understand this sentence?

Quote:

Each party shall pay its own cots and expenses of and incidental to the negotiation, preparation and execution of this Agreement.


The part in boldface seems kind of odd to me, as if it didn't belong to that sentence. Does it? If yes, what does it mean? Can the payment of the costs and expenses possibly be subject to negotiation?
Desiree
Posted: Wednesday, August 03, 2011 11:11:01 PM

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Thorx89 search the word "incidental" in dictionary/thesaurus in TFD
NancyUK
Posted: Thursday, August 04, 2011 6:20:42 AM

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Thorx89 wrote:


Quote:

Each party shall pay its own costs and expenses of and incidental to the negotiation, preparation and execution of this Agreement.


I think this is legal terminology to cover all eventualities. What it means to me (lay person, not lawyer) is that all costs, whether they are the costs of the negotiation (and preparation/execution) of the agreement, or just incidental costs, are paid by the party which incurred them. Some punctuation might be helpful here, but lawyers use their own type of language. In regular English, I would suggest:

Each party shall pay its own costs and expenses (whether direct or incidental) of the negotiation, preparation and execution of this Agreement.

So, one party to the agreement can't claim any costs whatsoever from the other party, for making the agreement itself.


I would live all my life in nonchalance and insouciance, Were it not for making a living, which is rather a nouciance. Ogden Nash
jhonlarson
Posted: Tuesday, January 24, 2012 1:35:37 AM
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This is clear here every party pay their own expenses while the case is running and till the end.
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