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Licensing contract-Clause Analysis

Licensing contract-Clause Analysis

Q In this exercise, you are going to read, analyze and explain a contract clause in a licensing agreement (referring to the Footwear License which is in this module). Assume that you are junior counsel advising the licensor (the fashion brand) and that you are going to a meeting where the licensor is going to ask questions about the proposed contract, and you've been asked to explain the clause assigned to you below. Your explanation may range from half a page to two or more pages. It should tell the client, in ordinary language, what's in the clause, why it's there, why it's important, and last but not least -- is it good for us? That is, is it favorable for the licensor, or the licensee? Would you advise trying to change it? To what? How likely is it that the other side would agree to our proposed change (assuming you're suggesting that we should do that). If your last name is between A-C: Do 1. Grant Clause If your last name is between D-G: Do 2. Term If your last name is between H-I: Do 3. Design If your last name is between J-L Do 4. Quality Control If your last name begins with M-N Do 6. Advertising/Promotion If you’re last begins between O-Z Do 8. Percentage fees

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Evaluating contracts highlights the fact that, there are some clauses which holds certain common characteristics derived from some particular contracts. Like for example, License terms is important for software licensing agreement but it might not be required for employment agreement. In reference to the footwear licencing contract, the license provided as well as the design of services that is being performed by the licensor, licensee will have to pay the licensor a particular amount that is ans percentage fee for the service which may be totalled at the rate of 8% based on the net sales counted in context to each annual period.