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How to Contract Blog

Aligning IP License and Assignment Provisions With Statutory Concepts

With most commercial contract terms, we have a lot of flexibility in drafting them. 

We can use plain language and focus on creating clear and precise ...

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Understanding Tattletale Clauses in NDAs: Key Issues and Responses ndas

Here's How to Contract's quick take on tattletale clauses found in some NDAs and confidentiality provisions. These quick takes are from How to Contrac...

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Why the Right to Defend Matters in Indemnification Clauses evil guy indemnification

What the indemnification "defend" language means

Indemnification clauses identify whether the indemnifying party has the right and obligation to defe...

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Limitation of Liability Clauses: Who Is Covered and For What?

 Limitation of liability clauses are crucial in contract negotiations. They set the boundaries for financial responsibility if things go wrong. Whethe...

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How I Contract: Insights From Foster Sayers, VP of Legal Operations at symplr

We interviewed Foster Sayers, VP of Legal Operations at Symplr, as part of the How I Contract interview series with experienced contract lawyers and p...

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Drafting Boilerplate: Using Examples in Force Majeure Provisions boilerplate

When drafting a force majeure clause, how you position examples within the provision can significantly impact the interpretation. Most force majeure c...

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How I Contract: Marlene Eisenberg, Legal Consultant and Former GC

“How I Contract” is a series of interviews with lawyers and professionals sharing their tips and stories on contract drafting and negotiation. In this...

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How to Draft No Oral Amendment Provisions boilerplate

Why No Oral Amendment Provisions Matter


We include the no oral amendment provision for a few reasons.

One is to prevent unintended contract changes....

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Pay Attention to Who is the Licensor in a License Provision intellectual property

Key Considerations for Identifying the Licensor

Who is granting the license seems straightforward.

It can be, but sometimes it gets more complicated...

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How I Contract: Joel Roy on Redlining and Negotiation Strategies how i contract interview

 This interview is part of our How I Contract interview series. We talk to lawyers and professionals about how they approach balancing legal risk with...

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How to Draft Confidentiality Obligations in NDAs Compared to Main Agreements nda+confidentiality

Key Differences Between NDAs and Confidentiality Clauses.

An NDA is not a confidentiality provision with some boilerplate tacked on

Yes, they have a...

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Put All the Contract's Indemnities in One Section indemnification

Why Indemnities Should Be in One Contract Section

Some contracts litter indemnities throughout the document. They add indemnity obligations next to r...

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