Enurement
An enurement clause says that a contract is binding on and "enures to the benefit of" the parties and their successors and permitted assigns. In other words, the rights and duties carry over to whoever lawfully takes a party's place, such as a buyer of its business or an heir.
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Sample Enurement clauses
Enurement
This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
Enurement. This Amending Agreement and all of the provisions of this Amending Agreement shall be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns.
Enurement. This Second Amendment Agreement and all of the provisions of this Second Amendment Agreement shall be binding upon and enure to the benefit of the Parties and their respective successors and permitted assigns.
Enurement. This Separation Agreement shall enure to the benefit of and be binding upon you and your respective successors and assigns, including without limitation, your heirs, executors, administrators and personal representatives.
Enurement. This Supplemental Warrant Indenture shall enure to the benefit of the parties hereto and their respective successors and permitted assigns.
Enurement. This Agreement shall be binding upon and shall enure to the benefit of the Parties and their respective heirs, executors, administrators and successors.
Assignment and Enurement. This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or merger of any Party) and permitted assigns hereunder, provided that no Party may assign, delegate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Parties.
Enurement This Amending Agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors, permitted assigns and heirs, estate, executors and legal personal representatives. No party may assign any of its rights or obligations hereunder except in accordance with the terms of the USA.
Source
Zymeworks Inc.ENUREMENT This Agreement and everything herein contained will enure to the benefit of and be binding upon the successors and assigns of each of the parties hereto.
ENUREMENT This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, personal representatives and permitted assigns.
Source
BODY & MIND INC. (BMMJ)- ENUREMENT AND NOTICES 7.1 The parties acknowledge that this Agreement shall be subject to approval of such regulatory authorities as may have jurisdiction over the transactions herein contemplated. 7.2 This Agreement shall enure to the benefit of and be binding upon the parties hereto, their respective legal personal representatives, successors and assigns. However, being in the nature of a personal service contract on the part of the Consultant, this Agreement shall not be assigned by the Consultant, nor shall the Consultant subcontract the performance of the Consultant’s obligations under this Agreement, nor shall the obligations of the Consultant under this Agreement be performed by another, without the prior written consent of the Company. 7.3 Any notice to be given by either party to the other hereunder shall be sufficient if in writing and sent by facsimile, courier or mail to the following co-ordinates, or such other co-ordinates as either party may give to the other in writing.
Enurement This Amended and Restated Amending Agreement shall be binding upon and shall enure to the benefit of the Parties and their respective administrators, trustees, receivers, receiver-managers, successors and permitted assigns
What is enurement?
Enurement is the legal effect of a contract continuing to benefit and bind someone who takes a party’s place. An enurement clause usually reads: “This Agreement enures to the benefit of and is binding upon the parties and their respective successors and permitted assigns.” It makes sure that if a company is merged, sold or restructured, or an individual dies, the contract carries on with whoever lawfully steps in.
“Enure” is the British and Canadian spelling; American contracts usually write “inure”. Both mean the same.
What does inure to the benefit of mean?
“Inure to the benefit of” means “take effect for the benefit of” or “be available to”. When a contract inures to the benefit of a party’s successors, they can enforce it as if they had signed it. When it is “binding upon” them, they must also perform it. The two halves are almost always used together.
Enurement meaning in law
In law, to enure (or inure) means to take effect or come into operation. Older documents use it for rights that pass to someone, for example “the easement shall enure for the benefit of the owners of the neighboring land”. In modern contracts it appears almost only in the enurement or successors and assigns clause.
Enurement vs. assignment vs. third-party beneficiaries
| Enurement | Assignment | Third-party beneficiary | |
|---|---|---|---|
| What it does | Lets the contract carry over to successors and permitted assigns | Transfers rights or duties to someone else | Gives a non-party a right to enforce a term |
| Needs consent | No, but only covers permitted assigns | Often yes, under the assignment clause | Set by the contract |
| Typical wording | “enures to the benefit of and is binding upon” | “may not assign without prior written consent” | “is intended to benefit X” or “no third-party beneficiaries” |
An enurement clause does not permit assignments on its own. It works together with the assignment clause, which decides who is a “permitted” assign.
What an enurement clause should include
- Both directions: binding upon and enuring to the benefit of.
- Who: successors, permitted assigns and, for individuals, heirs, executors and administrators.
- Link to assignment: “permitted” assigns, as defined by the assignment clause.
- No third-party rights: often combined with a statement that nobody else gets rights under the contract.
Enurement clause example
Sample clause: Enurement
Add this clause to a contract, send it and get it signed in fynk.
Use it in fynk for freeHow to check contracts after a merger or sale
When a company is bought or restructured, the first question is which contracts carry over automatically and which need consent. fynk’s AI search finds the enurement, assignment and change of control clauses across your portfolio, and AI summaries show the transfer terms of each agreement at a glance.
Which contracts contain an enurement clause?
Almost every commercial agreement, usually in the general or boilerplate section: service, supply and agency agreements, asset and share purchase agreements, loan agreements, leases and partnership agreements. These free templates include one:
Free templates with this clause
Agency agreement templateThe agreement binds and inures to the benefit of the parties and their successors and permitted assigns, including heirs and executors.
Use the free template
Advertising agreement template - credits in exchange for equityThe terms inure to the benefit of and bind the parties' successors, permitted assigns, heirs, executors and administrators.
Use the free template
Related clauses
- Successors and assigns The "Successors and Assigns" clause ensures that the rights and obligations of a contract are binding not only on the original parties but also on their successors, heirs, and any authorized entities they may assign these rights to. This clause provides continuity and enforceability of the contractual terms even if the parties undergo changes in ownership or structure.
- Binding effect The "Binding Effect" clause ensures that the terms and conditions of the contract are legally enforceable and extend to the parties involved, as well as their respective heirs, successors, and assigns. This clause guarantees that all parties and their successors must uphold the obligations and rights established in the agreement.
- Assignment An assignment clause in a contract outlines the conditions under which one party may transfer its rights or obligations to another party. It typically specifies whether prior consent is required for such a transfer and identifies any exceptions to these requirements.
- No third party beneficiaries The "No Third Party Beneficiaries" clause stipulates that the contract is intended solely for the benefit of the parties involved, and no external parties have any rights or claims under the agreement. This clause ensures that only the signatories have enforceable interests and precludes any unintended beneficiaries from asserting rights derived from the contract.
Frequently asked questions
To take effect or operate for someone's benefit. A contract that enures to a successor's benefit can be enforced by that successor.
Both are correct. Inure is the usual spelling in the United States, enure in the UK, Canada and Australia. They mean the same thing in a contract.
Yes, in practice. Both say the agreement binds and benefits the parties' successors and permitted assigns. Some contracts call it binding effect.
No. It only applies to permitted assigns. Whether a party may assign, and with whose consent, is decided by the assignment clause.
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