recital

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recital

Statements of fact,usually appearing at the beginning of contracts and leases.Usually the recitals start with the word, “Whereas …” Most attorneys and almost all parties give very little thought to the recitals, but they can be critically important. The recitals are the facts considered important in the formation of the agreement. They may be as innocuous as a statement that the tenant is a corporation duly organized and existing under the laws of the state of California, for example.They can also include such things as specific representations made by each party to the other. If there is a later dispute about the parties' intentions, or whether a misrepresentation was material or not,reference to the recitals can often make the difference in the dispute.