What defined term do you want to use for the name of the first party?

What defined terms you use for party names depends in part on whether you’re creating a one-way or two-way agreement. That’s because in the case of a one-way agreement, it’s helpful to give each party a defined term that indicates what role it’s playing.

For purposes of a one-way agreement, Koncision recommends that you use for the name of the first party the defined term the Disclosing Party. That’s the first option you’re offered as an answer. (But don’t use it if you’re creating a two-way agreement, as the Disclosing Party is used generically in that contract and applies to each party.)

If for purposes of a one-way agreement you prefer another defined term, or if you’re creating a two-way agreement, you have a choice between using a common noun (such as Company or Employer) or using a defined term based on the first party’s name (such as Acme. (You could use one kind of defined term for the first party and the other kind for the second party.)

If you’re creating a two-way agreement, Koncision suggests that you consider using defined terms based on party names, for contrast with the generic defined terms the Disclosing Party and the Recipient.

You’re offered as potential answers to this question, in alphabetical order, some standard common nouns used for party-name defined terms. If you’d like to use another common noun, or if you wish to use a defined term based on the first party’s name, insert the defined term in the space provided.

You will be asked in the next question if you wish to use a definite article with the defined term you choose for the name of the first party.

Feedback