Stipulating

Stipulating is the present participle of the verb stipulate. It denotes the act of requiring or specifying as a condition, commonly in legal, contractual, or formal negotiation contexts. When parties stipulate, they agree in advance on particular terms, conditions, or facts that become binding under the agreement.

In standard contract drafting, the more common form is the simple present tense "stipulates" or "the contract stipulates…", since stipulate is typically a transitive verb that communicates a fixed term rather than ongoing action. The participle "stipulating" is used to describe ongoing action or to modify nouns, as in "the stipulating parties" or "the stipulating clause." For example, "The parties are stipulating that delivery will occur within 30 days."

Stipulation is the related noun for an agreed condition or fact, and stipulator can refer to a person who stipulates. The adjective stipulatory describes something governed by or consisting of stipulations. The term originates from Latin stipulare, meaning to pledge or demand as a condition. In everyday language, stipulating conveys formality and precision typical of contract drafting, rather than casual speech.

Examples: "The contract stipulates a 5% late fee." "The parties are stipulating that the confidentiality obligation survives the termination of the agreement."