A further assurances clause is part of the standard '
boilerplate'
[See an ]Arnold & Porter
Arnold & Porter Kaye Scholer LLP is an American multinational law firm. A white-shoe firm, Arnold & Porter is among the largest law firms in the world, by both revenue and by its number of lawyers.
History
Arnold & Porter was founded in 1946 ...
article, http://www.arnoldporter.net/publications_articles.cfm?practice_ID=0&publication_id=1074 {{Webarchive, url=https://web.archive.org/web/20071009183703/http://www.arnoldporter.net/publications_articles.cfm?practice_ID=0&publication_id=1074 , date=2007-10-09 in most sophisticated
commercial
Commercial may refer to:
* a dose of advertising conveyed through media (such as - for example - radio or television)
** Radio advertisement
** Television advertisement
* (adjective for:) commerce, a system of voluntary exchange of products and s ...
agreement Agreement may refer to:
Agreements between people and organizations
* Gentlemen's agreement, not enforceable by law
* Trade agreement, between countries
* Consensus, a decision-making process
* Contract, enforceable in a court of law
** Meeting o ...
s. It provides that a party shall provide cooperation and assistance to the other party in executing duties under the contract. For example, in an agreement for a
home construction
Home construction or residential construction is the process of constructing a house, apartment building, or similar residential building generally referred to as a 'home' when giving consideration to the people who might now or someday reside th ...
there might be a clause requiring the party purchasing the contractor's services to assist the contractor in securing variances, easements, or building permits required by law for a home construction. Without a further assurances clause one party might try to escape the contract by withholding assistance to the other party where that assistance is either necessary or of great importance. Accordingly, it is generally considered poor legal drafting to omit a further assurances provision where there is a possibility one's client may need the assistance of the other party to fulfill his responsibilities or obtain some intended benefit under the contract.
References
Civil law (common law)
Contract clauses