Not used: Overview, definition, and example
What does "not used" mean in a legal context?
"Not used" is a placeholder term often found in contracts, agreements, or legal documents where a clause, section, or provision has been intentionally left blank or removed. It indicates that no content is included in that part of the document, preventing confusion or misinterpretation.
For example, if a standard contract template includes a section for arbitration but the parties decide not to include arbitration terms, the section may simply state "Not used."
Why is "not used" important?
Using "not used" in legal documents ensures clarity by signaling that a section is intentionally left blank rather than missing due to error or omission. It helps maintain consistency in numbering and formatting, especially in contracts that follow a standardized structure.
For businesses, this practice is useful when working with contract templates that contain optional clauses. Instead of renumbering sections or deleting provisions, marking them as "not used" keeps the document structure intact and avoids unnecessary edits.
Understanding "not used" through an example
Imagine a company drafts a supplier agreement that includes a section on performance bonuses. However, after negotiations, both parties agree that no bonuses will be included. Instead of deleting the section, the contract states:
"Section 10: Performance Bonuses – Not Used."
This ensures that future readers of the contract understand that the section was intentionally excluded, rather than omitted by mistake.
In another example, a government contract template includes a section for military-specific requirements. If a civilian contractor is awarded the contract, that section may be marked as "Not used." This prevents confusion while maintaining the original document’s structure.
An example of a "not used" clause
Here’s how "not used" might appear in a contract:
“Section 5: Indemnification – Not Used.”
Conclusion
"Not used" is a simple but important tool in legal documents that ensures clarity when a section or clause is intentionally left blank. It prevents misunderstandings, maintains contract formatting, and signals that no content was mistakenly omitted.
For businesses, using "not used" in contracts helps streamline negotiations, avoid unnecessary document restructuring, and ensure that agreements remain clear and organized.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.