Posts tagged contractclauses
WAIVER OF JURY TRIAL

Waiver of Jury Trial clauses provide that a party or each party waives their right to have a jury resolve any dispute arising out of the agreement. The same clause here is mutual and drafted to be neutral. This clause states that each party waives the right to have a trial by jury (i.e., they agree to a bench trial where a judge will resolve the dispute). For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
WAIVER

Waiver clauses provide how an agreement can be modified by a waiver. The sample clause here is mutual and drafted to be neutral. The clause provides that there is no waiver unless it is in writing, and any failure to exercise a right will not be considered a waiver. Any such waiver or failure will not apply to future breaches. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
TIME IS OF THE ESSENCE

Time is of the Essence clauses make meeting deadlines or performing on time an important aspect of the agreement. They often make failures to perform on time a material breach under the agreement. This sample clause here is unilateral and drafted in favor of Party A. Party B’s obligations under the entire agreement must be performed in a timely manner. The clause includes optional language allowing for termination and other remedies. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
THIRD-PARTY BENEFICIARIES

Third-Party Beneficiaries clauses provide either that (1) non-parties do not benefit from and cannot enforce this agreement, or (2) that certain non-parties are intended to have benefits and can enforce this agreement. The sample clause here provides that no third-parties will have enforceable rights under the agreement. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
TERMINATION

Termination clauses provide the circumstances in which a party may terminate the agreement early. The sample clause here is unilateral and drafted in favor of Party B. Only Party B is allowed to terminate this agreement and it must be with cause (such as breach or insolvency). For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
TERM

Term clauses provide the length of time that the agreement will last. The sample clause here provides that the term of the agreement will end on a specific date. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
TAXES (SERVICES)

Taxes clauses provide who will be responsible for paying the taxes relating to the fees for services. The sample clause here is drafted in favor of the service provider and provides that the client or customer will assume responsibility for any sales and use taxes relating to the services it receives from the service provider. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
TAXES (GOODS)

Taxes clauses provide whether the price of goods include taxes, and who will be responsible for paying them. The sample clause here is drafted in favor of the seller and provides that the buyer will bear all taxes related to the purchase. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
SURVIVAL

Survival clauses provide that certain sections or provisions will still be effective after the termination or expiration of the agreement. The sample clause here is mutual and drafted to be neutral. It provides that sections by their nature that apply after the expiration or termination of this agreement will survive. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
SUCCESSORS AND ASSIGNS

Successors and Assigns clauses provide that a party’s successors and assigns will be subject to the obligations of, and be entitled to the benefits under, the agreement. The sample clause here is mutual and drafted to be neutral. Each parties’ successors and assigns will be subject to the obligations under, and be entitled to the benefits of, the agreement. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
SUBCONTRACTING

Subcontracting clauses provide any requirements or restrictions on subcontracting a party’s obligations to a third party (i.e., a subcontractor). The sample clause here is unilateral and drafted in favor of the Client. The Service Provider is not allowed to subcontract its obligations under the agreement. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
STATUTE OF LIMITATIONS

Statute of Limitations clauses limit the time period in which a party can bring a claim against another party. The sample clause here is unilateral and drafted in favor of Party A. The clause limits the period of time in which Party B can file a contractual claim against Party A. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
SEVERABILITY

Severability clauses allow the rest of an agreement to remain in effect even if any portion of it is invalidated by a court. This is a standard version of the clause. If any term of the agreement ends up being unenforceable in a jurisdiction, only that term will be void and only in that jurisdiction. The rest of the contract will survive. It includes additional language requiring parties to work in good faith to modify the void term in a way to achieve its original intent. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
SET-OFF

Set-Off clauses permit a party to deduct or reduce the amount it owes to another party by the amount that is owed to it (i.e., the amount that is due from the other party). The sample clause here is unilateral and drafted in favor of Party A (i.e., the party with the right to receive payment such as a seller, creditor, service provider, etc.). The clause does not allow the other party (i.e., Party B) to reduce or withhold its payments obligations to Party A for any reason. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
RELATIONSHIP OF THE PARTIES

Relationship of the Parties clauses generally express that parties do not intend their relationship to be an employment, agency, partnership, or joint venture relationship. The sample clause here is mutual and drafted to be neutral. The clause makes clear that a party cannot bind another party without their consent. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
PUBLICITY

Publicity clauses govern the issuance of press releases or public announcements regarding the agreement and/or any other party. The sample clause here is mutual and drafted to be neutral. Each party needs to obtain prior consent to make public statements except (1) as required by law (which the other party gets a chance to comment), (2) as required under securities exchange rules, or (3) previously approved statements. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
PAYMENT (SERVICES RELATED)

Payment clauses related to services provide the pricing structure for such services (e.g., fixed price vs. time-based), as well as related matters such as expenses and taxes. The sample clause here can be used for a fixed fee payment structure. It is drafted in favor of the service provider (e.g., contractor, consultant, developer, etc.). For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
PAYMENT (GOODS)

Payment clauses related to the sale of goods provide the pricing for such goods, as well as related matters such as late or early payments, invoice disputes, and taxes. The sample clause here is drafted in favor of the seller and includes language relating to the adjustment of price, late payments, and taxes. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
OWNERSHIP

Ownership clauses indicate who will own any inventions, work product, and other intellectual property used or disclosed under a confidentiality or non-disclosure agreement. The sample clause here is to be used for unilateral confidentiality agreements or non-disclosure agreements. The clause expressly confirms that the Recipient will not own any right or license to the confidential information that it receives under the agreement. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses
NOTICES

Notices clauses provide how communications must be delivered to each party during the term of the agreement. The sample clause here is a standard version that requires notices to be given by (1) hand, (2) certified mail, (3) overnight courier, or (4) fax. For more versions of this clause or other contractual clauses, try Lawgood for free.

Read More
Lawgoodcontractclauses