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When it comes to legal documents, it`s essential to have a clear understanding of the language used. Modals are an integral part of legal writing, and identifying them can help you better understand the terms of a contract. In this article, we will focus on identifying the modals used in a sample memorandum of agreement (MOA) answer.

Before we dive into identifying modals, let`s first define what modals are. Modals are words that convey an attitude or perspective towards the content of a sentence. They add meaning to verbs and indicate possibilities, permissions, obligations, or degrees of certainty. For example, in the sentence “You must sign the agreement,” “must” is the modal word indicating an obligation.

Now, let`s take a look at the sample MOA and identify the modals used:

“Both parties agree to maintain the confidentiality of all information and data shared between them during the course of this agreement. This obligation shall survive the termination of this agreement.

The parties acknowledge and agree that any breach of the confidentiality obligation would cause the non-breaching party irreparable harm for which monetary damages will not be an adequate remedy. Accordingly, the non-breaching party shall be entitled to injunctive relief, including specific performance, to prevent any unauthorized use or disclosure of the confidential information.”

In the first sentence, “agree” is the modal indicating a mutual understanding between the parties. In the second sentence, “shall survive” is the modal indicating a mandatory obligation even after the termination of the agreement. In the third sentence, “acknowledge” and “agree” indicate a shared understanding between the parties. Additionally, “would cause” indicates a possibility of harm, and “will not be” indicates a degree of certainty that monetary damages will not suffice as a remedy. Finally, “shall be entitled” indicates an obligation that the non-breaching party has the right to injunctive relief.

In summary, there are several modals used in this sample MOA, including “agree,” “shall survive,” “acknowledge,” “would cause,” “will not be,” and “shall be entitled.” Identifying these modals can help you better understand the obligations, requirements, and expectations outlined in the agreement.

In conclusion, understanding modals is crucial when it comes to legal writing, and it can help you better comprehend the terms of a contract. When reviewing an MOA or any legal document, take the time to identify the modals used. Doing so can provide you with a more comprehensive understanding of the agreement and help you avoid any misunderstandings or discrepancies in the future.