What is an "agreement to agree"?

An "agreement to agree" refers to a non-binding commitment made by two or more parties, typically indicating that they intend to enter into a formal agreement in the future. This type of arrangement lacks specific terms or conditions, which is why it is not legally enforceable. Instead, it serves as a preliminary discussion or understanding where the parties express a mutual intention to negotiate or finalize an agreement later on.

In contrast, the other options describe legal constructs that imply binding agreements or outlined terms. For instance, a binding contract requires specific terms and conditions that the involved parties must follow, while an upfront payment arrangement clearly involves financial commitments, which are not present in an "agreement to agree." Additionally, a clearly defined contract would not align with the essence of an "agreement to agree," as it provides definite terms and expectations rather than an informal intention to negotiate.