Services Agreement.docx

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Management and Organizational Studies
Management and Organizational Studies 2276A/B
Frederick King

Services Agreement 1/29/2013 8:46:00 AM Participants  Before word processing, the standard agreement body would be essentially the same o The first and last page would change depending on the participants Key Points  Recitals – whereas, the purpose is to provide context to the reader o States the business the parties are in and that they want to enter into an agreement o Essentially to explain the story  Consideration clause – to make sure something of value is being exchanged  Definitions – a general glossary of the services included o For convenience of reference o Any general world that is capitalized in the contract, can be found defined in the definitions o Nested definitions – “Products” includes Hardware, Software and Documentation, it includes other definitions to help shorten the provisions  Broiler plate – doesn’t change from contract to contract very often o 1.3 – gender is implied to be neutral throughout the contract o 1.4 – specifies the currency involved o 1.5 – each provision is distinct from others, if any one fails, the rest still stand o 1.6 – everything agreed upon is in this contract o 1.7 – states if and how the agreement can be modified during the term of the contract and exactly how it will be changed (in writing by mail, email, etc.)  Says one party cannot argue promissory estoppel – when there is a legal agreement and one party promises not to enforce their legal rights on another, then if the party that said the action was okay argues, the pardoned party can argue promissory estoppel – this clause says the other party cannot argue this o 1.8 – says this contract can be signed in two different parts on two different pages, two signatures don’t need to be on the same page, and it is still in effect so long as both parties signed  Proprietary rights: o 5.2 – third party software (Windows) is the property of the licensor o 5.2 – all customer intellectual property (logos) will still
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