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Justyna Jupowicz-Kozak

CEO of Professional Science Editing for Scientists @ prosciediting.com

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fallback provision

Grammar usage guide and real-world examples

USAGE SUMMARY

The phrase "fallback provision" is a correct and usable phrase in written English.
It is typically used in legal or business contexts to refer to a contingency plan or alternative solution in case of a particular outcome or event. Example: The contract includes a fallback provision that outlines the steps to be taken in case of breach of agreement by either party.

✓ Grammatically correct

News & Media

Academia

Formal & Business

Human-verified examples from authoritative sources

Exact Expressions

6 human-written examples

The most common kind of fallback provision is a severability clause, which effectively creates a fallback of the original law minus its invalid provisions or applications.

A legislature might adopt a fallback provision that does not aim to achieve the same basic objectives as the original provision, but instead penalizes the courts for invalidating it.

But House leaders are now exploring a third approach: a public plan that would start out with negotiated rates but would have a fallback provision, or "trigger," that would link the rates to Medicare if the plan was not saving enough money.

News & Media

The New York Times

Like the July policy, it contained two parts, an initial statement that omitted any requirement that the content of the invocation be "nonsectarian and nonproselytizing," and a fallback provision that automatically added that limitation if the preferred policy should be enjoined.

News & Media

The New York Times

The explicit language from S. 1679 also was not included in the "federal fallback" provision of the Senate Amendment to H.R. 3590, adopted on December 24 , 2009 and that became the Patient Protection and Affordable Care Act.

News & Media

Forbes

The decision by the House would not prevent the parties from working cooperatively on health-care legislation, but merely provide a "fallback provision" in case Congress fails to pass legislation by the end of the August recess, a deadline chosen by House leaders, according to a source involved in making the decision.

News & Media

Huffington Post

Human-verified similar examples from authoritative sources

Similar Expressions

54 human-written examples

Parties should ensure that their loan documents include appropriately broad fallback provisions and the flexibility needed to amend agreements to reflect the unavailability of and the need to replace LIBOR in the future.

Legislatures sometimes address the risk that a court will declare all or part of a law unconstitutional by including "fallback" provisions that take effect on condition of such total or partial invalidation.

There was a fallback position, a fail-safe provision, for any contingency.

By harming the courts or innocent third parties, a fallback can be used to coerce a ruling upholding the original provision.

"The whole point of that provision," Chief Justice Roberts wrote, "is to create a federal fallback in case a state chooses not to establish its own exchange.

News & Media

The New York Times
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Expert writing Tips

Best practice

When drafting contracts or legal documents, clearly define the conditions under which the "fallback provision" is activated to avoid ambiguity.

Common error

Avoid using overly broad or undefined terms when specifying the trigger for the "fallback provision". Be specific about the events that must occur for it to take effect.

Antonio Rotolo, PhD - Digital Humanist | Computational Linguist | CEO @Ludwig.guru

Antonio Rotolo, PhD

Digital Humanist | Computational Linguist | CEO @Ludwig.guru

Source & Trust

94%

Authority and reliability

4.5/5

Expert rating

Real-world application tested

Linguistic Context

The phrase "fallback provision" functions as a noun phrase, often used as a subject or object in sentences. It refers to a clause or measure that provides an alternative course of action if the primary one fails. As Ludwig indicates, it is commonly used in legal and business contexts.

Expression frequency: Uncommon

Frequent in

News & Media

40%

Academia

30%

Formal & Business

30%

Less common in

Science

0%

Encyclopedias

0%

Wiki

0%

Ludwig's WRAP-UP

In summary, the phrase "fallback provision" is a grammatically correct noun phrase used to describe a contingency plan or alternative solution, as confirmed by Ludwig. While its frequency is uncommon, it is mainly found in news, academic and formal business contexts. When drafting contracts or legal documents, it's crucial to clearly define the conditions that trigger the "fallback provision" to prevent vagueness. As an alternative, consider using "contingency clause" or "backup plan" depending on the specific situation.

FAQs

How to use "fallback provision" in a sentence?

You can use "fallback provision" to describe a clause or measure designed to take effect if the primary arrangement fails. For example, "The contract includes a "fallback provision" that outlines the steps to be taken in case of a breach of agreement".

What can I say instead of "fallback provision"?

You can use alternatives like "contingency clause", "backup plan", or "alternative arrangement" depending on the context.

What's the purpose of a "fallback provision" in a contract?

A "fallback provision" in a contract serves as a safety net, ensuring that there's a predetermined course of action if the primary agreement cannot be fulfilled. It provides a "recourse option" and helps to mitigate potential losses or disputes.

Is a "fallback provision" the same as an "escape clause"?

While both provide alternatives, a "fallback provision" is generally broader, outlining alternative actions if the main plan fails. An "escape clause", however, specifically allows a party to exit an agreement under certain conditions.

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Real-world application tested

Most frequent sentences: