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These days, [[no waiver]] clauses are so deeply woven into the [[Boilerplate|legal furniture]] of commerce that we barely pause to regard them. We even see them in [[NDA]]s, for heaven’s sake. | These days, [[no waiver]] clauses are so deeply woven into the [[Boilerplate|legal furniture]] of commerce that we barely pause to regard them. We even see them in [[NDA]]s, for heaven’s sake. | ||
===Disclaimer versus waiver=== | |||
Sometimes [[disclaimer]]s are described as [[waiver]]s. Strictly speaking, different things. A “disclaimer” is a binding — we hope — contractual agreement limiting one’s liability for a given outcome. A “waiver” is a representation, unsupported by consideration, that one will not insist upon one’s existing contractual rights. | |||
===What is waived can never die. Can it?=== | ===What is waived can never die. Can it?=== | ||
{{Waiver capsule}} | {{Waiver capsule}} |