The recitals must not contain the rights or obligations of the parties, but are scenic or explanatory in nature. However, caution should be exercised in the drafting of the recitals, since if the operational or essential conditions of the agreement give rise to ambiguity or uncertainty, the courts may consider the recitals to determine the intentions of the parties to the agreement. Considerations regarding a contract: what is the purpose of a final clause? The 2006 AIPN-Model-Form gas sales contract states that its interpretive clause applies to “this agreement, including recitals and annexes, unless expressly provided otherwise: . . . In the event of a conflict, the provisions of the main body of this agreement prevail over the provisions of the annexes.” The fact that the recitals of the second half of this provision are not mentioned suggests that the recitals will not prevail over the operational provisions (except, as noted above, in case of ambiguity) and that there is therefore no need to make an explicit statement to that effect. Unless expressly stated otherwise in this agreement, all communications, certificates, consent, consent, consent, waiver or other communication in connection with this agreement (communication) must be made in writing or by electronic transmission signed by the sender (if an individual) or an agent of the sender is reported to the attention of the person mentioned in the information, or, if the recipient has otherwise expressed attention. Key definitions used throughout the operational part of the contract are better used in the definition section of the treaty than in the recitals, since the recitals may have no legal value. This is not necessarily the approach taken in practice, as is the case with the 2012 International Petroleum Negotiater Association (AIPN) model for the Joint Enterprise Agreement (AIPN JOA). In the AIPN JOA, the term “contract” is defined in the recitals by reference to the contract for the sharing of the underlying production, the concession of the state, the license, the leasing base or any other instrument related to this particular JOA. The “contract” is defined in the “Definitions” section as “the instrument defined in the recitals of this agreement, including any extension, extension and/or amendment.” The content.
The information mentioned in the preamble should be limited to intentions, wishes or factual assertions. It is customary to limit these statements to substantive issues that may lead to a direct breach of the validity or applicability of the contract. Other features that explain the overall picture of the proposed concentration, such as the interdependence of the contract with other agreements (if any) or the need to comply with certain essential conditions or grant regulatory approvals, can also be discussed here. Overall, the views discussed in a preamble should be of such importance that, if one of them does not apply, the contract may be cancelled for legal reasons (hereafter the “error”).