Common Clauses (comprehend) [EntLaw]

...(this kind of) clause addresses whether parties of the contract can transfer their rights/obligations to others
Click the card to flip 👆
1 / 40
Terms in this set (40)
...(this kind of) clause addresses whether parties of the contract can transfer their rights/obligations to others
assignment
The assignment clause addresses whether parties of the contract can ...(do this)
transfer their rights/obligations to others
Assigning ...(obligations/rights) to someone else is not a problem usually
rights
Assigning rights to someone else ...(is/isn't) a problem usually
isn't
Assigning ...(obligations/rights) to someone else is a problem usually
obligations
Assigning obligations to someone else ...(is/isn't) a problem usually
is
Some obligation assignments are desirable, like ...(doing this) in order to get funding
assigning story rights to a studio
...(this clause) requires one party of a contract to negotiate matter with the other party before negotiating with a third party
right of first negotiation
Right of first negotiation requires one party of a contract to negotiate matter with the other party before ...(doing this)
negotiating with a third party
A writer might request ...(this clause) for a sequel if there is one
right of first negotiation
...(term) gives the buyer the right to acquire something under the same terms being offered to a third partyright of last refusalRight of last refusal gives the buyer the right to ...(do this)acquire something under the same terms being offered to a third party...(this kind of) clause establishes how parties provide each other with legal noticenoticesThe notices clause establishes ...(this condition)how parties provide each other with legal notice...(this kind of clause) deals with what happens when an event beyond all parties' control occursforce majeureForce majeure deals with what happens when ...(this occurs)an event beyond all parties' control occursForce majeure usually results in ...(this happening)suspension of the contract until the event ends...(this kind of) clause involves one or more parties making certain promiseswarrantiesA warranties clause involves one or more parties ...(doing this)making certain promises...(this kind of) clause specifies what happens if a party breaks warrantiesindemnificationThe indemnification clause specifies what happens if ...(this occurs)a party breaks warrantiesThe indemnification clause goes hand-in-hand with ...(this other clause)the warranties clauseUsually, the indemnification clause requires the breaker to ...(do this)reimburse for any costs incurred as a result of the broken warranty...(this kind of) clause grants the right to use a person and their image for marketing and promoting a projectname and likenessThe name and likeness clause grants the right to ...(do this)use a person and their image for marketing and promoting a project...(this kind of) clause specifies what happens when a party fails to fulfill obligationsdefaultThe default clause specifies what happens when ...(this occurs)a party fails to fulfill obligationsA material breach can result in ...(this happening)termination of the contractA ...(material/minor) breach can result in termination of the contractmaterialA ...(material/minor) breach usually gives the breacher a right to cure and maybe punitive damagesminorA minor breach usually gives the breacher ...(these two things)a right to cure and maybe punitive damages...(this kind of) clause details how a person will be recognized for their workcreditsProducers get more flexibility in the credits clause with ...(this phrase)at producer's direction in accordance with industry standardsThe credits clause must state that inadvertent failure to credit results in ...(this happening)monetary damages only and no injunctive relief...(this) clause states that an employee's contribution to a copyrightable project becomes copyright owned by the employerwork-for-hireThe work-for-hire clause states that ...(this happens)an employee's contribution to a copyrightable project becomes copyright owned by the employer...(this type of) clause grants the right to distribute a project on "any form now known for hereafter devised throughout the world/universe in perpetuity"distributionThe distribution clause grants the right to distribute a project on ...(this phrase)any form now known for hereafter devised throughout the world/universe in perpetuity...(this clause) turns failure to perform on time into a material breachtime is of the essenceTime is of the essence ...(does this)turns failure to perform on time into a material breach