exclusivity or “lock-out” agreements

Lock-out agreements“Decision. The House of Lords distinguished lock-in agreements and lock-out agreements. Lock-in agreements, where parties expressly agree to negotiate with each other, are unenforceable because they are “agreements to agree”, and therefore lack certainty. Lock-out agreements can on the other hand constitute valid, binding contracts:”https://uk.practicallaw.thomsonreuters.com/5-100-4523?transitionType=Default&contextData=(sc.Default)&firstPage=true

Exclusivity Agreement“A lock-out agreement is fundamentally a negative […]

Confidentiality and Non-Disclosure Agreements

Confidentiality Agreement “Confidentiality and Non-Disclosure agreements are very similar in function, with small differences in the formatting of the resulting document. The distinction between the two is quite subtle. For example a Confidentiality Agreement would be violated if the recipient fails to maintain confidentiality (more passive), whereas a Non-Disclosure agreement would be violated by disclosing […]

Time Bars

Raising the bar – Time bars and their enforceability in English law EPC contracts “Contractors’ claims for additional time and money are a common occurrence in many major construction and engineering projects. EPC contracts often use time bar clauses as a method of managing contractors’ claims, and ensuring that the employer is notified of a […]