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Tuesday, March 22, 2011
Exhibits can be used to explain things in either the Agreement or in an Attachment. If they are to explain something in the Agreement, they should be incorporated by reference into the Agreement. If they are to explain something in an Attachment, they should be incorporated by reference into the Attachment so that it is clear that it applies only to that specific Attachment.
Exhibits should have the following on each page:
3.Reference to the Agreement it applies to, or
4.Reference to the Attachment to which it is an Exhibit; and
Incorporation of Exhibits may be done in the same manner as incorporation of Attachments where they are either incorporated where they are first mentioned or listed within the document they become an Exhibit to.
Example of incorporating an Exhibit where first mentioned:
(As set forth in Exhibit 1 entitled, “Lead-times”, 2 pages dated February 1, 2011)
Example of Listing Exhibit:
The following Exhibit are attached to and made a part of this Attachment:
Exhibit 1, entitled “Lead-times,” 2 pages, dated February 21, 2011