Effective non-reliance clauses essential to strong agreements

Kramer’s Corner

By Heather L. Kramer

Heather L. Kramer is a member at Dykema, Gossett PLLC. Throughout her career, she has handled complex litigation arising from fraud, breach of contract, consumer financial claims, theft of trade secrets, trademark infringement, fraudulent conveyances, breaches of fiduciary duty, product-liability and premises liability. She can be reached at hkramer@dykema.com.

Posted October 5, 2015 3:44 PM

Whether you are drafting an asset purchase agreement, a subscription agreement, a merger agreement or a settlement agreement, it is important to include a non-reliance clause.A non-reliance clause often includes the following language: “The parties hereby acknowledge and agree that they are not relying upon any oral or written promise, inducement, representation, statement, disclosure of the other party entering into the agreement, except to the extent that the same has been reduced to writing and included as a term …

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