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Undefined Variables and Missing Definitions

Counterparty or customer asks what are the definitions of of Unlimited Claims or Increased Claims

Jake Stein avatar
Written by Jake Stein
Updated over 3 months ago

People are sometimes confused when they see a term, or variable, referenced in the Standard Terms that is not defined in the Cover Page of the agreement.

This means that the variable is optional, and the Common Paper agreements each clarify that if a variable is undefined, then it is deemed "none" or "not applicable".

As an example, in CSA 2.1, the second sentence of the Definitions section, in 13.1, says:

However, if the Order Form and the governing Framework Terms omit or do not define a Variable, the default meaning will be “none” or “not applicable” and the correlating clause, sentence, or section does not apply to that Agreement.

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