This podcast is for revision purposes by reading texts from Contract Law in Malaysia by Cheong May Fong
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Fundamentals of Australian Contract law
Cathryn Nolan, Adjunct Lecturer, Graduate School of Business & Law
Class recordings of RMIT JD Fundamentals of Contract Law (LAW2524/LAW2525) These recordings are prepared for students who are online or who are unable to attend class. Video recordings can be found on youtube - Cathryn Nolan's RMIT channel http://www.youtube.com/c/CathrynNolanRMIT or go direct to the Current Fundamentals of Contract Law playlist (Semester 1 2020)
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Law Insider's Mike Whelan dissects high-profile contracts with various guest Lawyers.
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Subcontracts in Government Projects with Shavon Smith
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Shavon Smith returns to the Contract Teardown show to explain another government contract. In this episode, Smith covers the Subcontract, an agreement between a company that has won a project bid and another company that will execute on the project. She explains Statements of Work, government-standard pricing structures, quality control, and more. …
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Trademark Licensing Agreement Basics with Steve Sedberry
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In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement. Sedberry explains: A company’s obligation to preserve and capitalize on a mark’s value; The law’s focus on consumer protection rather than commercial benefit; and Why negotiations are the time to be thorough when it c…
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Special Issues when Contracting with College Athletes
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How are college athletes just like online influencers—and how are they not? In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues. Gibson underlines: •Term considerations that are unique to college athletes, •The difficulty of using a school's brand, •Sche…
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Data Processing Agreements (DPAs) that Embrace Reality
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In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important princip…
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The Risks of Wading Into Alcohol Distribution Agreements
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Alcohol distribution agreements are deceptively simple. They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful. In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks a…
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Are NDAs the MOST Important Agreements?
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Non-Disclosure Agreements can be more than rote processes you hate. According to Ehteshamul Haque, they can lay the groundwork for successful deals. In this episode, Haque explains both the practical and philosophical elements of an NDA, including: • How power relationships impact mutuality, • The trouble with authorized representatives, • The real…
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Name Image and Likeness (NIL) Lessons from Dwyane Wade
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In this episode, attorney Sivonnia DeBarros uses an Endorsement Agreement with Dwyane Wade to explain Name, Image, and Likeness (NIL) concepts to student athletes. As is important in all contracts, DeBarros underlines the power dynamics and long-term goals of athletes as drivers for negotiating. DeBarros points out the need for specificity when sur…
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In this episode, Professor Marcia Narine Weldon joins Mike to discuss building your company's customized playbook for severance agreements. After explaning the stakes for these contracts, Professor Weldon invites listeners to join an upcoming workshop to design your own severance playbook. Here are the details about the workshop: Companies and lega…
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Terms of Use Risks for Companies Using ChatGPT
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In this episode of the Contract Teardown show, Adam David Long highlights changes to Bing’s Terms of Use since they’ve added ChatGPT functionality. Long draws attention to risks related to: -Companies training their product with user inputs, -Commercial versus non-commercial uses, -Unreliability of AI outputs, and -Promises by both companies and us…
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Nintendo Switch End User License Agreement
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How do you balance the requirements of good drafting, being both accessible and thorough? Those goals seem to contradict each other. In this episode, Attorney Akash Kashyap addresses this conflict using the Nintendo Switch family of product’s End User License Agreement. View the contract here: https://en-americas-support.nintendo.com/app/answers/de…
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Cardi B's License Agreement with Whipshots
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Entertainment attorney Julia Holt joins the Contract Teardown to discuss a license agreement between entertainment superstar Cardi B and an innovative alcohol brand. Holt notices some themes in her analysis: Cardi B has A LOT of power in the relationship, That power is reflected in some long-winded, artist-friendly terms, and Few artists have that …
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How a Master Services Agreement Creates Flexibility in Chaos
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At ContractsCon 2023, attorney Shavon Smith walked through a biotech Master Services Agreement. The interesting context: this agreement was made between two companies responding to Covid the beginning of the pandemic. In such an unsure time, how can collaborating parties contract fairly and create quickly? The Master Services Agreement allows them …
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How ChatGPT changes the goals of OpenAI’s Terms of Service with Foster Sayers
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During ContractsCon 2023, Foster Sayers joined Mike Whelan to discuss OpenAI’s Terms of Service and their application to ChatGPT. According to Sayers, the terms of service may have applied well to the users of OpenAI’s API connections, but perhaps not everyday consumers. Now that ChatGPT is explicitly targeting consumers, should their terms change?…
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Learning Together with Mike Whelan and Molly Abel
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In this special episode, Mike Whelan is interviewed by Law Insider's director of business development, Molly Abel. They discuss the vision for Law Insider moving forward and make a special announcement. Head to lawinsider.com/resources for more details.بقلم Mike Whelan, Jr.
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Three Approaches to Arbitration with Diana Isyanova
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How detailed should your arbitration clause be? In this episode of the Contract Teardown show, guest Diana Isyanova shares three possible approaches. She argues that the relationship between the parties should dictate options, then the parties themselves should make informed choices. Watch to see how three transactions handled alternative dispute r…
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How Data Processing Agreements Prevent Liability
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In this episode of the Contract Teardown, privacy consultant Avishai Ostrin explains the Data Processing Agreement, or DPA. The DPA protects companies from privacy breaches on third-party sites and data storage tools like Amazon Web Services or Slack. Listen as Ostrin details the crucial elements of a DPA and what red flags to look out for when dra…
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Contract Drama: Wizards of the Coast OGL (Revisited)
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Contracts are part of the whole customer experience, and getting them wrong can undermine relationships your business has fostered for years. In a special interview, three contract experts and gaming enthusiasts tell us how Wizards of the Coast dropped the ball when they rewrote their Open Gaming License. In this episode, we discuss The history of …
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Good, Bad, and Ugly Examples of Limitations of Liability
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Commercial lawyer Lynden Renwick tears down three examples of a limitation of liability clause. He discusses caps, carveouts, and exceptions, then gives his multi-stage model for managing contract risk. The Contracts: https://storage.googleapis.com/lawinsider-wordpress/1/2022/12/Peernet-license.pdf https://www.lawinsider.com/contracts/gn4fKDoCp4w#l…
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How to Build Collaboratively with Licensing Agreements
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IP attorney Nancy Delain shares her thoughts on a long-term licensing agreement that doesn’t meet the need. She gives guidance on exclusivity, terms, royalties, and “void for vagueness” claims. The Contract: https://www.lawinsider.com/contracts/a0bWpzYC1UA About Law Insider: We’re all about contracts! Law Insider (https://www.lawinsider.com) is…
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How to Draft Teaming Agreements that Win Government Contracts
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Washington DC-based attorney Shavon Smith tears down a teaming agreement between Tactical Solutions Options and contracting powerhouse SAIC. The two companies wished to bid on new federal contracts but, with no particular project in mind, aimed to clarify jobs and relationships. Learn what they did well in their agreement and which red flags you’ll…
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NFT Agreements that Turn Fandom Into Investments
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IP attorney Peter Speroni walks through Royal’s Song Token Purchase agreement. This document builds on new forms of intellectual property ownership, including Non-Fungible Tokens (NFT) that bundle ownership rights. Peter asks important questions about the impact of NFTs on the music industry and the nature of fandom. The Contract: https://storage.g…
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Draft Garden Leave Agreements that Fit Your Goals
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Attorney Sean Greaney shares his tips for services agreements that let employees leave work gracefully. Often called “garden leave agreements,” these contracts put former employees in a paid work position that keeps them from competing with the company. But, according to Sean, some standard clauses aren’t right for this context. Watch for the red f…
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How to Explain Modern Copyright Rules to Clients
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Listen as attorney Julie Grantham walks through her own Agreement for Marketing and Brand Development Services. She shares how she works with clients to address concerns while modernizing their understanding of creative work product. About Law Insider: We’re all about contracts! Law Insider (https://www.lawinsider.com) is a subscription-based c…
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How Informal Should a Consultant Agreement Be?
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When your golfing buddy offers advice for your business, do you hire her on as a consultant? How formal should your agreement be? In this episode, attorney Arthur Baker gets practical. He evaluates what must be included in a contractor agreement and where flexibility is more important. Get details on questions like payment terms, expected deliverab…
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How to Draft a Confidential Separation Agreement
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When a company lets go of an upper-level employee, they might have them sign a separation agreement, especially when there’s confidential information to protect. In this episode, Mathew Kerbis tears down a Confidential Separation Agreement & General Release of All Claims. Listen as he offers advice on how to smooth an employee’s exit and guarantee …
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In contrast to other types of business contracts, LLC agreements are generally drafted around the explicit purpose of the company and the needs of the partners. In this episode, Keaton Frieberg tears down the LLC Agreement for Compound Projects, a member-run real estate investment group. Listen as Frieberg explains how a great contract can foster s…
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Negotiating Digital Content Partnerships
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Some content streaming services have been known to unfairly cut off lucrative partnerships, so it’s important that creators protect themselves with an airtight contract. In this episode, attorney and digital entertainment enthusiast Hannah Baker tears down Twitch’s Affiliate Agreement, which thousands of digital content makers sign in order to stre…
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Adjusting for Purchase Price in a Stock Sale Agreement
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Stock Purchase Agreements cover complicated business transactions that can take months to close. These contracts include purchase price mechanisms to account for when the business's value might change between the execution date and the closing date. In this episode, attorney James Raanan tears down Global Imaging System's Stock Purchase Agreement a…
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Businesses use sweepstakes to improve their brand awareness, increase their customer base, and raise funds. In this episode, attorney Alina Lee reviews a recent contest by the Audi Car Club of North America, in which the iconic 1985 Quattro Coupé was the winning prize. Lee explains what Audi did right and what they could have done better, and offer…
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How to Draft a Winning Employment Agreement
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Employment agreements are becoming more common in today’s labor market, as workers aim to secure rights and compensation with the power of a contract. Listen as Mark Osherow, business litigator, explains that the best contracts are ones that treat workers with respect and facilitate healthy recognition of an employee’s value. About Law Insider: W…
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Red Flags in Real Estate Form Contracts
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In real estate, drafting a sale and purchase agreement using a standardized form can be a great way to save time and effort. However, lawyers still need to know how to spot red flags that could bring their client unwanted consequences. In this episode, New York-based attorney and licensed real estate broker Di Ma explains that when it comes to repr…
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How Fortnite Became a Legal Game-Changer
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The developers of video game sensation Fortnite violated their contract with Google, making a case that the tech giant has a monopoly on the mobile gaming marketplace. Watch as corporate attorney Arianna Mendez tears down the Google Play Developer Distribution Agreement and explains how Epic Games is using litigation to bring about economic and soc…
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Contracts for boat sales are unique for many reasons, including how they must consider maritime law. In this episode, attorney Phil Powell digs into a vessel purchase and sale agreement to explain how it is shaped by the particularities of a floating asset. As the in-house counsel to a company with a commercial fishing and research fleet, he has a …
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Can Elon Musk get out of his Twitter deal?
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Elon Musk made headlines when he offered to buy Twitter. Then he caused a stir when his lawyers tried to absolve him from the deal by claiming breach of contract. There are still lots of questions about what is actually in the contract and if Musk’s claims are enforceable, so we enlisted the expertise of Contract Teardown veteran James Raanan. Watc…
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Charlie Sheen once had his sexual partners sign a non-disclosure to ensure his private information didn’t get leaked. Unfortunately, it didn’t work, and the world learned about his HIV status after a source close to the actor leaked it to a tabloid. Join us as business attorney Shavon Smith tears down Sheen’s infamous NDA and tells us how effective…
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Celebrity influencer agreements are a special breed of product endorsement contracts. Watch as attorney Giselle Ayala tears down Shaq’s agreement with Papa John’s, in which the famous basketball player-turned-pizza-guru agrees that the company can use his image to create unique advertising content. There’s a lot to learn about how contracts can pro…
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Handling Independent Contractors with Uber's Drivers Terms of Service
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While artfully worded, most people think of Uber as a ride service and their drivers as one and the same, not a software company. Drafters should take care not to create contracts that elevate form over substance. Regardless of how Uber labels itself and its drivers, legal tests determine whether drivers are employees or independent contractors. Cu…
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Why Do You Want A Service Level Agreement
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How to Handle Tax Codes in Contracts
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Lawyers aren’t accountants, but when drafting corporate purchase agreements, they often have to deal with tax questions. Watch as Tyler Stone, international business law expert, tears down a multinational plan of merger and reorganization and tells us all about the complex tax codes within these contracts. Stone offers an insider understanding of t…
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When to Use Series A Preferred Stock Agreement
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In this episode of Contract Teardown, attorney and business advisor Marc Halsema talks venture capital as he tears down a Series A Preferred Stock Agreement. These contracts secure big investments by promising preferential stock incentives. They also contain ancillary clauses and reps and warranties that protect both parties and set a strong founda…
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Cook County's Standard Residential Real Estate Contract with Jim Lowry
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In this episode of Contract Teardown, attorney Jim Lowry digs into a Chicago-area residential real estate agreement to ask: what do we gain with standardized contracts? Illinois State law dictates that brokers cannot draft sales agreements, so Multi-Board Contract 7.0 streamlines real estate transactions and ensures they are all subject to the same…
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In this episode of Contract Teardown, Olga V. Mack, CEO of Parley Pro and contract law extraordinaire takes us through emerging trends in consumer contracts spearheaded by big tech companies like Apple and Google. Watch as she tears down Apple’s privacy details and Google’s terms of service, highlighting how design innovations are shaping consumer-…
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How to Draft Subscriber Agreements Better Than Disney+ and ESPN+
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The Walt Disney Company is rapidly growing its subscription-based streaming services as they close in on Netflix, the leader with more than 200 million subscribers. Disney has about 174 million subscribers across all its streaming platforms with their Disney+ and ESPN+ at about 116 million and 15 million subscribers. Subscribers must agree to the D…
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Online Ambassador Agreements with Shelia Huggins
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In this episode of Contract Teardown from Law Insider, North Carolina attorney Shelia Huggins walks through a brand ambassador agreement from CBD product manufacturer Wisdom Essentials. In the new world of online marketing, contracts are struggling to keep up with the lingo. Shelia shares how the influencer economy turns into enforceable agreements…
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Force Majeure Clause with Gretchen Cothron
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In this episode of the Contract Teardown Show from Law Insider attorney Gretchen Cothron tears down a very long and detailed agreement that shows how a Force Majeure Clause can undermine everything.بقلم Law Insider
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Lease agreement with option to purchase with Erin Edgar
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In this episode of Contract Teardown from Law Insider, Attorney Erin Edgar tears down a really, really bad lease agreement with option to purchase real estate. I mean it’s bad. So let’s tear it down!بقلم Law Insider
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Uber Terms of Service with Favra Jafri
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In this episode of Contract Teardown from Law Insider, contract lawyer and litigator Farva Jafri tears down the arbitration clause in Uber’s terms of service. Uber has put a lot of care into covering the little details in their arbitration clause, but some states have said that’s still not enough, so let’s tear it down.…
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Non-Disclosure Agreements with Patrick O'Malley
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In this episode of Contract Teardown from Law Insider, attorney and business professor Patrick O’Malley shows you the good, bad, and ugly of non-disclosure agreements. These are common and hotly-debated documents while being fairly standard, so Patrick’s three tiers of NDA quality reveal a lot. And he’s got strong opinions on whether NDAs are even …
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Trademark Assignment & License Agreement with Lisa Renee Wilcox
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In this episode of the Contract Teardown Show from Law Insider, Texas attorney Lisa Renee Wilcox walks through the alternative dispute resolution clause in a trademark assignment and license agreement from RR Donnelly. The goal of these clauses is to maintain relationships while cooling down the inevitable conflict. This might be more dream than re…
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Standard Corporate Lease Agreement with Arthur Baker
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In this episode of Contract Teardown from Law Insider, Florida attorney Arthur Baker, tears down a standard corporate lease agreement from Amerx Health Care Corporation. Arthur points out where a corporate tenant has leverage in these standard agreements, and the due diligence needed to make sure your client’s use of a space complies. So, let’s tea…
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