Easter Procurement and Concealment

Posted on Apr 1, 2014 in General, Lawspeak

It may be too late for this year, but the following template could form a useful part of your contract drafting toolkit for future years. Instead of relying on the chance appearance of an Easter Bunny, Lawspeak… proposes the following template to ensure your Easter fun: EPC Agreement [Short Form]betweenthe Easter Rabbit (hereinafter called “the Bunny”)and[NAME XXXXXXX] (hereinafter called “the Customer”) relating to the Easter Procurement and Concealment of specified oval objects as described in Schedule 1 hereto (”Eggs”) within a geograhical area as agreed by the Parties elsewhere herein and set out in Schedule 2 hereto (“Territory”) on Easter Sunday, the exact date and time of which is specified in Schedule 3 hereto (“Delivery Date”).WHEREAS the Bunny is said to have had many years of expertise and experience in the field of the procurement and concealment of diverse objects and is now willing to procure Eggs for, and provide specific services to the Customer in consideration for quantities of fresh carrots as set forth elsewhere herein and, WHEREAS the Customer wishes that such Eggs and related concealment services be provided in order to allow for Easter to be duly celebrated and,WHEREAS the Bunny acknowledges that the Eggs must conform to the specifications set forth elsewhere herein and must be concealed during the hours of darkness so as to preserve an element of surprise and achieve the purposes of this EPC Agreement and,WHEREAS the Bunny acknowledges and declares that to the best of its knowledge no third party has any title or claim to any intellectual property* or other rights which may conflict with the due performance of this EPC Agreement as set forth herein,   IT IS HEREBY AGREED AS FOLLOWS: [Detailed contractual rights and obligations etc.]*in the light of recent cases, it is recommended that a specific disclaimer be introduced in the definition section so that the term “Eggs” specifically excludes any object similar to or in any way comparable to a golden bear and that any liability for any coincidental similarity to a golden bear, whether caused by melting or normal wear and tear or otherwise, is...

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April 2014

Posted on Apr 1, 2014 in General, Lawspeak

Guarantees, Bonds and Bunnies A third party guarantee, whether given by banks or parent companies, is a very common legal instrument in supply agreements and project and construction work. But many people fail to understand the importance of the terminology used and how different types of “guarantee” arrangements can result in varying levels of liability. The main note this month deals with this point. And, I am afraid an Easter Bunny EPC agreement is waiting for you on page 2 under “Miscellaneous.” Good luck. Happy reading Stuart...

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