The phrase "an expressed provision" is correct and usable in written English.
It can be used in legal or formal contexts to refer to a specific clause or condition that has been clearly stated.
Example: "The contract includes an expressed provision that outlines the responsibilities of both parties."
Alternatives: "a stated provision" or "a specified provision".
Apart from such an express provision, the instrument does not become formally binding until ratifications have been exchanged.
Last week, the Delaware Court of Chancery ruled that an acquiring merger party obtains legal control of all of a target's attorney-client communications, absent an express provision in a merger agreement to the contrary.
72 The existence or nonexistence of an express provision making an activity compensable is more difficult to determine in the case of a nonwritten contract since there may well be conflicting recollections as to the exact terms of the agreement.
"So, assuming that this cooperative's bylaws did not contain an express provision requiring such disclosure, the cooperative's managing agent was legally correct in refusing to disclose the information".
Were we to permit waiver of the implied warranty by an express provision in the lease, it would be a rare lease in which the waiver would not appear.
We thus have had "to infer how the 1934 Congress would have addressed the issues had the 10b-5 action been included as an express provision in the 1934 Act". Musick, Peeler, supra, at ----, 113 S.Ct., at 2090.
(c) The phrase "compensable by an express provision of a written or non- written contract" in section 4(b) of the Portal Act offers no difficulty where a written contract states that compensation shall be paid for the specific activities in question, naming them in explicit terms or identifying them through any appropriate language.
The words "compensable by an express provision" indicate that both the intent of the parties to contract with respect to the activity in question and their intent to provide compensation for the employee's performance of the activity must satisfactorily appear from the express terms of the agreement.
When the text of § 10(b) does not resolve a particular issue, we attempt to infer "how the 1934 Congress would have addressed the issue had the 10b-5 action been included as an express provision in the 1934 Act". Musick, Peeler, 508 U.S., at ----, 113 S.Ct., at 2090.
