ACC 205

ACC 205

Assignment 2

Due Date: ______

For assignment 2 you are to read the two contracts in the BbLearn Shell and answer the following questions. These questions relate to the contracts themselves as well as to the subject matter of the contract. You may be required to look up terminology and review or read ahead in the book. Point values are listed after each question.

Use the Confidentiality Agreement to answer questions 1-9.

1) What is the consideration in this contract (something must go both ways – what is it each way)? (4 points)

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2) In February 2014, Joseph Martin quits and leaves Concordat Company. According to the agreement between Concordat and Martin, for how long must he refrain from working for a competitor? (2 points).

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3) There are several things that Martin must do if he quits Concordat (in addition to the non-compete in the above question). List 5 of those things and the paragraph (including subparagraph numbers) where you found those requirements. (10 points)

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4) If Martin develops an invention in April 2014 (after he leaves the company) and he files a patent application on it, what is the status of that invention? In what paragraph is that information found: (2 points)

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5) What is the geographic restriction of the noncompete and how is it that it will not be considered too broad. In what two paragraphs is that information? (4 points)

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6) Martin and three others worked together at Concordat to develop 200 inventions. When Martin leaves, how much money will he get if Concordat decides to protect those patents and in what paragraph is that information found? (6 points)

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7) In paragraph 7, Remedies for Breach, it states that Concordat can obtain injunctive relief. What does that mean? (4 points)

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8) What is the effect of Paragraph 8? (6 points)

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9) What is the effect of Paragraph 9? (6 points)

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10) If Martin leaves the company and assigns his rights in writing to Concordat, but something is wrong with the written assignment and all of the copyright assignments are considered invalid, how does this contract handle that and where did you find the answer? (6 points)

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Use the License Agreement to answer questions 10 – 20.

11) If a competing company starts to market a brand of clothing and puts a picture of a woman who looks remarkably like Janessa Bailey on the product, what are the responsibilities of the parties to this contract? Who has the right to sue for the third party and in what paragraph did you find this information? (6 points)

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12) If Ms. Bailey sets forth reasonable standards for the use of the marks and then Concordat uses the marks in a way that does not comply with the standards, what can Ms. Bailey do about it and where did you find this information? (6 points)

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13) Janessa puts together a list of standards that should control how she wants her picture to be used. Three weeks later, she changes the standards a bit. Then three weeks later she does it again. If this is a violation of the agreement, what provision would Concordat point to and what is the argument that this is a violation? (6 points)

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14) If Janessa dies on March 15, 2018, what responsibility does Concordat have and where did you find that information? (6 points)

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15) If Janessa terminates the agreement for cause, what does Concordat have to do and where do you find that information? (4 points)

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16) What is the consideration in this contract? (4 points)

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17) What is the evidence of capacity in this contract? (4 points)

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18) The contract uses the terms “worldwide exclusive, nontransferable” to describe the license (see paragraph 1). What does that mean? (6 points)

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19) What are the exceptions to the nontransferable description and where did you find it? (4 points)

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20) If there is a dispute between Janessa and Concordat, in what forum is it likely to be heard? Why? (2 points)

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21) If Concordat uses the marks as intended, and Janessa maintains reasonable standards, how long will the agreement last and where do you find that information? (2 points)

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you have to read the two contracts, Shell and answer the following questions.

there will be 3 attachment,
Use the Confidentiality Agreement to answer questions 1-9.
Use the License Agreement to answer questions 10 – 20.

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Question 1

From the confidentiality agreement, a consideration can be deduced by a keen leaner. The consideration has not been explained vividly but in my own opinion, any contract has terms. The employee is required to abide by the agreements in return for a prolonged engagement with the firm. The organization will benefit and at the same time, the employee benefits.

Question 2

According to the document, an employee is not expected to work for a competitor until a period of 12 months elapses since the time the employee left concordat.

Question 3

The five things that the employee is expected to do are:

i. Martin should notify his new employer about the existence of the agreement. In addition, he should provide the employer a copy of the agreement.

ii. Martin should not provide any form of assistance to the competitor until 12 months are over.

iii. He should not in any way try to convince current concordat employees to stop working for the organization (Sub paragraph 3)

iv. Martin is expected to return the property which belongs to the organization ( sub paragraph 5)

v. The employee will shall not request for any additional compensation.

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Question 4

It will be deemed that he made the invention while still working at concordat because 12 months are not over since he left (paragraph number 4a).

Question 5

According to the terms, it is not possible to define the exact geographic borders because the use of the internet may not assure geographic protection (Paragraph 6)

Question 6

The agreement reveals that an amount not exceeding $100 per invention will be given out evenly among all those who participated in the invention (paragraph 4, b). Therefore he will receive at most $20000.

Question 7

It means that Concordat can take appropriate actions against those who breached the contract.

Question8

Concordat does not offer permanent jobs. It can hire and fire at its discretion.

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Question 9

It means that the agreement may contain inapplicable premises but that will not affect the validity of the agreement. The agreement will always be termed correct.

Question 10

If the rights were considered invalid by the law, then the agreement will be overruled because the laws of the state are superior (paragraph 11). In addition, the employee shall grant a royalty fee to the organization (paragraph 4)

Question 11

The licensee should use the marks appropriately as indicated by the licensor (paragraph 6) the licensee has a responsibility to notify the licensor of any unauthorized use of the mark. The licensee should also initiate unfair competition proceedings where he/she will bear the costs. The benefits from the proceedings shall also be enjoyed by the licensee (paragraph 7)

Question 12

The licensor may terminate the agreement once 10 days of written notice to the licensee elapses. It is a violation of section 4 and six (paragraph 9)

Question 13

It is not a violation of agreement (paragraph 6). The licensee shall accept the marks in the form that is prescribed by the licensor.

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Question 14

1. Concord shall pay a specified interest to the licensor (paragraph 2).

2. The initial installment (annual installment) at a specified date.

Question 15

Concord shall discontinue the use of the marks. It is also expected to destroy anything that has the marks (paragraph 10)

Question 16

The consideration is that both parties must honor the terms of the contract.

Question 17

The evidence comes out from the fact that both parties meet the terms of the contract. The licensor has what the licensee wants. The licensee has also confirmed that it will abide by what is required.

Question 18

It refers to something that has no geographical boundaries and that its rights cannot be transferred to the other party.

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Question 19

Paragraph 2, If Janessa ceases to be an employee of concord, then new terms shall be arranged.

Question 20

The dispute will be held in a forum comprising parties from the licensee. They will discuss the matter while considering results that will occur if Janessa leaves the organization.

Question 21

This contract will last for one year (paragraph 2). However, it is perpetual in nature. If the licensee abides by the requirements, the contract shall be renewed (paragraph 8)

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