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Preside at 3 dispose of 4 complied withEntered into Reduce share capital, pass ordinary resolution, follow Proper procedures Undertaking(s) 3 merger 4 transformations Reconstructions 6 alteration 7 amalgamation 8 union/uniting F 3h 4d 5g 6b 7c 8a Un 5 A 3 C E F Liquidated Damages 2 Acceleration Force Majeure 4 Assignment 5 Termination 6 Entire Agreement / Merger / Parol Evidence B 5 c 4 d 1 e 2 D 3 b 4 a I 3d 4g 5b 6h 7 a 8 j 9 c Suggested answers Responsibility to pay compensation The party alone can decide Carry out later or not at all Agreement given before in writing If Operator defaults in performance... Do nothing Attachments Considered A non-competition agreement. Because it is an agreement template. 8 2b: Confidentiality Consideration Severability Payment of Costs To comply with 2 shall be stricken 3 ascribed to Commencing 5 has acquired 6 contemplated by Shall expend 11 1. 3, 5, 6, 8, 9 While bargaining, it means giving up some items in Order to get other ones from the other party. The purpose of a merger clause is to ensure that Anything that was said or written before the agreement Is not admissible in proceedings unless it is explicitly Written in the agreement. 13 Now I'd like to move on to the topic of using agreement templates and term sheets. It's common to start out with An existing contract template, which gives you a kind of Blueprint of the things that are usually included in such an agreement. It's important to realise that negotiating with a contract template means that it's necessary to review the Terms and conditions it contains carefully. Please note That you have to consider what is not in the agreement but should be, that is, what's missing and should be Added. This is really just as important as carefully Reviewing the language in the agreement. Here. I want to stress that it'd be wise to consult with a senior lawyer, Preferably someone who has experience negotiating Agreements of the kind that you are negotiating. When using a term sheet as the basis of negotiations, it's Imperative to keep good notes of all discussions or emails Regarding the items on the sheet. Term sheets are usually Used by lawyers to transfer the terms that have been agreed into an official agreement, so it's crucial that the information on these sheets is precisely what's been agreed on by all Parties. Sometimes a lawyer will incorporate items from a Term sheet onto an agreement template. In such a case, he Should be careful not to include language originally in the template that isn't appropriate. Adverbs can be added to: It is (particularly) important to realise ... Please note (especially) that ... Here, I (particularly) want to stress that... D 2 e 3 a 4 b 5 c 15 1 The To, From and Date lines 2 Subject: In-company Seminar on contract negotiations 3 Paragraph 1 Paragraphs 2 and 3 5 Paragraph 4 They are talking about a franchise agreement. The two clauses they mention are the non-competition Clause and the arbitration clause. False 2 True 3 True 4 False One of the techniques Arthur Johansson used was horsetrading, I.e. trading one item (in this case, offering to be Date: 2015-12-11; view: 1128
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