I was noticing on some contracts it says "attached is a 2 page addendum with 15 terms".
Say the addendum states "if a discrepancy is found between this addendum and the rest of the contract, the addendum takes precedence" or other such meta information. Does this count as a term?
For example in a residential lease, would the bellow addendum have two or three terms (not sure if the last counts)?
Addendum
- tenants are responsible for yard maintenance
- tenants are not allowed pets
- if a discrepancy is found between this addendum and the rest of the contract, the addendum takes precedence
or should it be
Addendum
If a discrepancy is found between this addendum and the rest of the contract, the addendum takes precedence
- tenants are responsible for yard maintenance
- tenants are not allowed pets
Another example is a severability clause ("if something is unenforcable, the remainder remains enforceable"), would that count as a term?