Introduction to Drafting Agreements
D. What are the basic parts of an agreement?
a. Title
Assists with quick identification. As a matter of style, upper case letters are generally used for titles as they are considered to be more formal. Titles may be quite generic (e.g. "Agreement") but are more useful if they are more descriptive (e.g. "Joint Use Agreement - ABC Facility").b. Date
Usual format:This Agreement made (or entered into) this ___day of ____, 2001.
The date inserted should be the same date as the agreement was executed.
If you intend an effective date other than the date the agreement was executed, another format could be:
This Agreement dated for reference this ___ day of ___, 2001, to take effect as of the ___ day of ___, 2001.
Some drafters merely use the format:
This Agreement made as of the ___ day of ___, 2001.
The reader is supposed to realize that the words "as of" mean the agreement is to take effect on a date other than the execution date. While acceptable, this format is less clear than the more explicit one above.
