Agreement Provision Example

Discrimination. This is a very controversial subject. Anti-discrimination clauses are now required in almost all contracts where a company provides goods or services to a government agency. However, where the contract is concluded between private parties, the party paying for the goods and/or services often wishes such a provision to be included in the contract. The reasons for this are too complex to discuss here. The inclusion of such a clause and its particular wording may be the subject of heated negotiations which do not result in the performance of any contract. It`s not so much that one party wants to discriminate, but that many parties don`t like another company telling them how to run their internal affairs, especially at a time when allegations of discrimination are so widespread and boring. In Uncle B`s Bakery, Inc.c. O`Rourke, 920 F.Supp. 1405 (N.A. Iowa 1996) was the main issue of whether the defendant ex-employee had already signed the non-disclosure/non-competition agreement, which the employer insisted that all new employees be required to sign (the court had previously concluded that the form document itself contained enforceable terms). The problem was that the employer could not find the document issued and the former employee insisted that he had never signed such a document. In a seemingly unusual conclusion, the court held that the employer was likely to prevail on this issue, despite the fact that it could not produce such an agreement, since its clear policy and clear evidence were provided that all employees except the defendant (and another employee) had issued such a document when hiring the company.

Intellectual property rights. Intellectual property (“IP”) is an umbrella term that essentially includes patents, trademarks, copyrights and trade secrets. Apart from providing this umbrella, the term itself has no intrinsic legal meaning. Intellectual property rights occur in countless ways in different types of contracts – far too many possibilities to discuss here. Intellectual property rights may include the creation of intellectual property, licensing or transfer of intellectual property, and intellectual property disputes. Perhaps the most common example of intellectual property contractual clauses concerns employment contracts. Nowadays, employers want to ensure that everything that even smells of intellectual property and is created by an employee of the company belongs to the company and not to the employee according to the principle that the salary or other remuneration of the employee is paid in full for each employee creation. For an interesting look at the more normal issues of intellectual property and employees, see Beane v. Beane, 856 F.Supp.2d 280 (D.

N.H. 2012), if the main issue concerned the obligation of a non-employee, co-owner of a company, possibly to assign intellectual property to the company. A contractual provision is a provision contained in a contract, legal document or law. A contractual provision often requires action until a certain date or within a certain period of time. Contractual provisions are intended to protect the interests of one or both parties in a contract. If an obligation includes a flexible call clause, the procedure comes into force after the expiry of the provision period for fixed calls. Flexible call protection is usually a premium to the face value that the issuer pays to recover the bond before maturity. For example, after reaching the call date, the issuer could pay a 3% premium to recover the bonds for the following year, a 2% premium for the following year, and a 1% premium to recover the bonds more than two years after the expiry of the firm call.

Affected Clauses: Clauses that may be affected by the inclusion of a force majeure provision include, but are not limited to: each provision of a contract is a contractual obligation; Failure to comply with any of the provisions will result in a breach of contract. In Kaye v. T.D. Banknorth, N.A. (Super. Ed. Conn. In 2011), the court ruled after thoroughly considering the constitutional issue: “There is no evidence that there was an existing waiver of a jury trial when the plaintiff opened his account with the Lafayette American Bank & Trust Company. Although a waiver of a jury trial was added to the company`s deposit account agreement when the defendant subsequently took control of the plaintiff`s account, there is no evidence in court that the plaintiff was sent or received documents informing him of the change, or that the plaintiff agreed to a waiver of a jury trial. Therefore, the court notes that the evidence does not show that the applicant knowingly and voluntarily waived a jury.

Many laws are drafted with a sunset clause that automatically repeals them on a specific date, unless Parliament passes it again. A sunset clause provides for the repeal of the entire act — or sections of the act — once a certain date is reached. Editor`s Note: The following two force majeure model clauses cover epidemics and pandemics. The first standard clause covers, without exception, epidemics and pandemics in the context of force majeure events. The second standard clause also covers epidemics and pandemics, but explicitly excludes the current Covid-19 pandemic from the scope of force majeure. These clauses can be inserted into commercial contracts such as service contracts, purchase contracts, consulting contracts, supply agreements, distribution agreements, strategic partnership agreements, concession agreements, commercial cooperation agreements, etc. Secret. For the purposes of this Agreement, “Confidential Information” means any information or material that has or may have commercial value or other benefit in the business to which the Disclosing Party is a party. If the Confidential Information is made in writing, the Disclosing Party will label or stamp the Material with the word “Confidential” or a similar warning. If confidential information is transmitted orally, the disclosing party must immediately provide a letter stating that such oral communication constitutes confidential information. .