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Contracts & Agreements

Negotiating a License Agreement

Negotiating A License Agreement

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License agreements are necessary for the parties on each side of the transaction. Licensors, the inventors of software, creators of design, or benefactors of brand recognition, can monetize their intellectual property. Licensees can use the authorship or invention of others without being accused of infringement. A license agreement transfers the right to use and transforms infringement into a permitted act. At the Hakim Law Group, our team of intellectual property attorneys is here to guide…
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Importance of a Limitation of Liability Clause in a Business Agreement

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In a business contract, a limitation of liability clause limits the amount or type of damages that may be recovered in the event of a claim, breach, or lawsuit. It is typically designed as a risk management and allocation tool, contractually insulating one or both parties from excessive or unforeseen liability. Depending on the specific requirements of the business agreement, a limitation of liability clause may be tailored to contain different aspects, including the maximum…
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Clickwrap Agreement vs Browsewrap Agreement

Clickwrap Agreement vs Browsewrap Agreement

Posted by Posted in Contracts & Agreements
With advancements in technology, many business transactions are carried out online with the click of a button. This approach has the advantage of ensuring that transactions progress almost seamlessly. The downside is that parties to agreements may bypass closely examining their rights before signing an agreement. You have probably experienced both clickwrap and browsewrap agreements before, but may not have delved into the details of these digital contracts. Outlined below is a brief definition of…
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Anticipatory Breach of Contract

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In California, anticipatory breach of contract occurs when a party involved in a bilateral contractual agreement decides to repudiate the terms of the contract. A repudiation in an anticipatory breach of contract can be either express or implied. An express repudiation is a clear, unequivocal refusal to perform the terms of the agreement. In contrast, an implied repudiation stems from conduct where the promisor puts it out of their power to perform so as to…
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Breach of Contract vs. Breach of Warranty

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A breach of warranty is when a seller fails to uphold a stipulation related to the contract as promised or stated; it is really a subset of breach of contract. Typically, these claims arise when a product or service fails to meet expectations. In the event of a breach of warrant, the customer’s options to remedy the situation depend on the actual warranty and state law, but usually are limited to customer returning the product…
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Are Non-Compete Agreements Enforceable?

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Have you ever entered into a non-compete agreement as a boss or an employee, or are you currently considering doing so? If so, you may be worried about the standard business contract, and whether yours is completely valid or legally enforceable. We have you covered.Here we will address your concerns and answer your questions regarding non-compete agreements: What is a Non-Compete Contract? A non-compete contract is an agreement that will prohibit employees, contractors, or equity…
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Three Mistakes to Avoid When Drafting a Business Contract

Despite contracts and business agreements being a pillar of economic activity in Los Angeles and elsewhere throughout California and the rest of the country, it is fairly common for business owners and managers to make glaring mistakes when drafting, considering, or approving a business contract. The result? Serious legal and financial ramifications that could effectively ruin the business. Below are three mistakes routinely committed by business owners and managers when creating a business contract and…
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Five Key Components to Any Business Contract

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If you own a business, it is extremely important to understand and embrace the key elements of a legally valid, and enforceable, contract. The information below summarizes the five key components that virtually every contract should have for your business to operate successfully. No. 1 –Written Agreement Between All Parties Arguably the most important component to any business contract is that the agreement and terms between the parties are in writing. Please understand that a…
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Breached Business Agreement | Hakim law group

Breached Business Agreement

Posted by Posted in Contracts & Agreements
A business breach could occur in many ways, depending on the specific terms of your agreement. Nevertheless, if your business partner failed to adhere to the terms of the agreement, you may need to escalate the matter and take legal action, especially if the breach wound up damaging the company. Assessing Your Options Addressing issues with a business partner is not always easy.When a breach of contract has occurred, it is in your best interest…
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