1.   Was such a provision consistent with the Directive?

2.   The drafting of such a provision is critical for it will be strictly construed against those with the power to expel.

3.   In any event, the value of such a provision would depend upon the availability of distributable reserves following the breach.

4.   Such a provision is not normally practical, and certainly not favourable to buyers.

5.   There is a great temptation to delete such a provision, but this would not find favour with the landlord and is therefore not worthwhile.

6.   The effect of such a provision is to prevent any conduct of the business being construed as acceptance of any counter offer coming from the other party.

7.   However, whilst such a provision can prevent the business losing the battle of forms, it cannot guarantee victory.

8.   The effect of such a provision may be to replace the normal absolute obligation to deliver on the agreed date with an obligation to use best endeavours.

9.   Frequ ently such a provision will require claims to be notified in a particular manner--in writing, or to a particular person.

10.   Although individual companies have such a provision, no state has ever made it law, covering all publicly traded companies incorporated there.