Representations

...to enter into the contract; these statements are called representations and are often found in a preamble to the contract (often preceded by the word “whereas.”) Sometimes there will be a specific “representations” clause or section, which will usually state...

Licence/License

...exclusionary rights held by the licensor. In European English licenCe is the noun, licenSe the verb; in north-American English licenSe is the more commonly used form, both as a verb and noun, and licenCe usually regarded as an alternate spelling....

Fraudulent Concealment

Refers to a party concealing what it knows or should know to be a material fact from another party, either to get that party to enter a contract, invest, purchase an asset or refrain from exercising a right. Typical elements...

First Mover Advantage

Term used to describe the advantages that can accrue to the first player to enter a competitive space, e.g., establishing early customer relationships, etc. However, in contrast some commentators point to the existence in some circumstances of “last or late...

Cartel

...to enter another market (known as market-partitioning), customer allocation (e.g., taking turns to bid), bid rigging, agreements not to make costly improvements to products and group boycotts, etc. All such practices are usually prohibited under Competition Law or Antitrust law....

Agent

Someone who has been granted authority to enter into agreements on behalf of another person, known as the principal. In commercial terms, an agent sells on the supplier’s account the goods or services, i.e., the agent never takes title to...

Bankruptcy Cascade

When large businesses enter bankruptcy, the pervasiveness of their unpaid bills may cause suppliers to “go bust,” taking in turn sub-suppliers and so on ad infinitum. Alternately, a supplier that has suffered a large loss may be forced to call...

Coexistence Agreement

...between Budjovicky Budvar, národní podnik (i.e., the original Czech Budweiser company) and Anheuser Busch Inc. (US Budweiser) to divide the world so that the Czech company had Europe as a territory and the U.S. North America—an agreement which ended in...

IND

...say, 20-80; Phase II, testing for efficacy and side effects on a larger group of volunteers, 100-300; Phase III, testing on 1,000-3,000 or more patients to determine whether the drug meets risk/benefit criteria, i.e., do benefits outweigh potential side effects....

NNN agreements

A type of agreement common with contract manufacturers, OEMs, subassembly manufacturers and component suppliers, especially in China to prevent or limit backdoor sales and knockoffs emerging from those entities or related companies. The three Ns refer to the key elements...