Departure date of the date on which the last conditions set out in this agreement were met or cancelled or, in the absence of conditions, the date of the agreement. That is why the importance of careful wording of recitals should not be removed. A well-developed recital could influence a court or arbitrator to favour one party`s argument vis-à-vis the other party. For example, the consideration of whether or not a clause is included in a contract may be influenced by evidence in the recitals on the intentions of the parties. Moreover, when a court considers a recital to be an expression of a clear intention to act in a prescribed manner, it may conclude from a federal state for an act 6. The recitals should accurately reflect the matrix of facts, as they are known to be „agreed statements.“ Therefore, even if a statement in the recitals contains the recognition of a found circumstance which both parties know at this stage is not true7, such a statement could nevertheless be binding on the parties if the recitals are invoked. How can you ensure that considerations are taken into account? Pre-contract negotiations (which can be included in the recitals) are generally inadmissible as a building instrument in contractual disputes. Under English law, there is a (refutable) presumption that a written contract is considered to be the whole agreement between the parties (the „exclusionary rule“).2 However, pre-contract negotiations may be permitted to highlight facts relevant to the context of the contract3, such as the commercial purpose of the transaction.B. The information contained in the recitals that could assist a court or arbitrator in establishing a link could therefore be used in litigation. NOW, THEREFORE, (for and in light of legality), and for other good and valuable (legal) considerations, the parties agree as follows: In Toomey, the applicant stated, without success, that the object clause contained explicit operational conditions.