RESPECTING BOILERPLATE Second Edition, 2013 by Robert A. James Boilerplate refers to the legal clauses of general that if a transaction is successful, little application typically found at the very of that hard work has ongoing value— front and very end of complex the final price and asset or scope agreements (or the flip side of printed definitions are what they are; the forms, or the “click-through” screens conditions go away when the deal of online forms). This pejorative term closes; and the reps expire shortly Robert A. James comes from the days when big-city afterwards. Instead, it is the lowly Finance publishers would mold lead plate or boilerplate and the questions it may or +1.415.983.7215 paper mats—similar in appearance to may not answer—can you assign the +1.713.276.7689 the iron or steel plates riveted contract to an affiliate? can you
[email protected] together to encase boilers—bearing disclose the contract to a prospective raised type (“stereotype,” another buyer?—that have enduring Rob James is resident in pejorative term) with the fixed text of relevance, whether or not the parties Pillsbury's San Francisco and articles and advertisements. Smaller gave any active thought to them. Houston offices. He handles newspapers would print the commercial and corporate boilerplate without change. Boilerplate writers and readers transactions and counsels clients usually work from a form and their principally in the energy, “Boilerplate” therefore connotes both own recollections of prior contracts. infrastructure, construction, the strength and the unchangeability of They may not have exposure to the manufacturing and marketing the metal that contains a pressure issues and language choices that are fields.