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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

In a lease agreement between Sunita Enterprises (lessor) and Tarun Pvt Ltd (lessee), the clause reads: 'IN WITNESS WHEREOF the parties hereto have set their hands on the day, month and year first hereinabove written.' This clause is known as the:

The clause is the testimonium. It records that the parties have signed the document on the stated date, and it comes just before the signatures. It should not be confused with the recitals, the habendum, or the premises, which serve different purposes.

  1. AHabendum
  2. BTestimoniumCorrect
  3. CPremises
  4. DRecital

Explanation

The 'In witness whereof' clause is the testimonium. It states that the parties have executed the document on the date mentioned. The habendum defines the extent of the interest granted, the premises contain the parties and the description of the subject matter, and recitals give background.

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