A number of clauses, commonly referred to as the ‘miscellaneous clauses’, or boilerplates are relatively straightforward, return in many contracts, almost invariably in the last part of the contract. They regulate aspects of the contract which the governing law of the contract does not (necessarily) address appropriately. Miscellaneous clauses are usually formulated the same way regardless of the contract in which they appear For example, an Amendments clause will typically be formulated the same way in all contracts in which it is inserted. The composition of the set of miscellaneous clauses varies slightly from type of contract to type of contract.
This section will discuss the miscellaneous clauses found in the ITC Model Contracts.