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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="bmcdaniel" data-source="post: 8892672" data-attributes="member: 1772"><p>Agree, and there are other connotations they carry, just to much to write in a single post.</p><p></p><p>For example, if an agreement covered multiple subjects with multiple rights, I'd be likely to use "revocation" describe the cessation of a specific right, but "termination" to describe the cessation of the entire agreement. E.g. "Corporation and Painter agree that Painter shall paint building #1 in exchange for $100. To facilitate such painting, Corporation agrees Painter may use all walkways, storage sheds, maintenance facilities and similar areas appurtenant to building #1; provided that Corporation reserves the right to revoke Painter's use of such areas during days when building #1 is open to the public. Corporation and Painter agree that Corporation may terminate this agreement by 90 days prior notice to Painter."</p><p></p><p>But I will add that connotation aids interpretation, it is not definitive. In context, the usage of "revoke" in a non-discretionary, entire manner can be clear. "This [R&D] agreement shall be revoked, with no further action or notice required of any party hereto, in the event that [the pharmaceutical compound] is placed on Schedule I to the Controlled Substance Act." In context, perfectly understandable and enforceable, even if I would use a different word.</p></blockquote><p></p>
[QUOTE="bmcdaniel, post: 8892672, member: 1772"] Agree, and there are other connotations they carry, just to much to write in a single post. For example, if an agreement covered multiple subjects with multiple rights, I'd be likely to use "revocation" describe the cessation of a specific right, but "termination" to describe the cessation of the entire agreement. E.g. "Corporation and Painter agree that Painter shall paint building #1 in exchange for $100. To facilitate such painting, Corporation agrees Painter may use all walkways, storage sheds, maintenance facilities and similar areas appurtenant to building #1; provided that Corporation reserves the right to revoke Painter's use of such areas during days when building #1 is open to the public. Corporation and Painter agree that Corporation may terminate this agreement by 90 days prior notice to Painter." But I will add that connotation aids interpretation, it is not definitive. In context, the usage of "revoke" in a non-discretionary, entire manner can be clear. "This [R&D] agreement shall be revoked, with no further action or notice required of any party hereto, in the event that [the pharmaceutical compound] is placed on Schedule I to the Controlled Substance Act." In context, perfectly understandable and enforceable, even if I would use a different word. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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