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Boilerplate is boring. These provisions make it into commercial contracts by the skin of their teeth; they are allocated the worst real estate within the document, at the very end. And for good reason: They appear to have no connection whatsoever to the business deal and are written in dense legalese that requires a J.D. to decipher. Moreover, experienced drafters have seen these provisions so many times they can recite most of them from memory. So why should a lawyer waste time — and the client’s money — thinking about these provisions, commenting on them, trying to change them?

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