Paper Beats Paper?

Somewhere at the bottom of most agreements is a clause that looks something like this: Entire Agreement:  This Agreement and the Exhibits and Attachments referred to in this Agreement contain the entire understanding of the Parties with regard to the subject matter contained in this Agreement and supersede all prior written or oral agreements, understandings … Read more

“Its” Mystery Is Solved

  I get this question probably once a year: What does I T S mean under my signature on the contract? They are looking at the signature block at the end of an agreement and see this: SELLER: By:_______________________________________ Name: ___________________________________ Its:_______________________________________ Yeah, right there. I T S, otherwise, better known as “its,” the possessive … Read more

Swing Your Counterpart Round and Round

Here with another post to demystify contracts, today we discuss counterparts.  In a common provision, we see something like: Counterparts.  This Agreement may be executed in counterparts, all of which taken together shall constitute the same agreement. In first grade, we learned to figure out new words using context.  Great.  Context here is that uh, … Read more

A License to Ask Questions

When a company is growing, they begin selling more products and often start exploring options like distribution agreements and licensing agreements.  When looking into those agreements, it important that the terms and scope of the agreement are understood by both parties and written down. Terms of the agreement can include scope restrictions such as whether … Read more

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