In an agreement, is the correct drafting to say “to not” or “not to” when describing what a party can’t do. Does it matter?

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As in “the Parties agree to not do X” vs. “the Parties agree not to do X”?

If so, my answer is neither - use “shall” (or “shall not”) to bind a party for present obligations and “will” (or “will not”) for future obligations.

Happy to have misunderstood.

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My judge was a stickler that "not to" was grammatically correct over "to not"

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It’s about breaking the infinitive - classic grammar rule that isn’t taught much anymore!

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Don't split infinitives.

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I use “not to.”

Neither sound like correct drafting if the goal is a covenant not to do something. “Party shall/will/may/must not” comes much closer

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