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Evergreen Clause Contract Fundamentals

Gain an understanding of important drafting considerations when including evergreen clauses in your contracts. An important provision in contracts that contemplate ongoing performance by one or both parties is the contract term. In many cases the term provision is given short shrift or even ignored all together, leaving the parties unclear how long performance is to continue and when, if ever, the contract may be terminated. In other cases -- without much consideration - parties agree to auto-renewal or evergreen clauses that automatically extend the contract term absent some action by one of the parties to prevent the renewal. This topic considers the fundamentals of drafting evergreen clauses in contracts. You will obtain an understanding of the legal principles applicable to the term of a contract, including contracts with definite terms, indefinite terms, and contracts with evergreen clauses. You will receive an overview of important drafting considerations when including evergreen clauses and how to ensure that your contract is clear and enforceable. Focused on practical steps, you will be interested in this discussion of evergreen clauses.


Runtime: 94 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview

Contract Law and Time and Term Provisions

  • Contracts of Definite and Indefinite Duration
  • Exclusivity of Termination Provisions
  • Enforceability of Evergreen Clauses

Restrictions on Use of Evergreen Clauses

Drafting Effective Evergreen Contract Clauses

  • Clearly Defining Duration and Renewal
  • Notice Period Considerations
  • Other Considerations

Conclusion and Questions

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on June 26, 2018.

Call 1-866-352-9540 for further credit information.

  • CPIM/CFPIM/CSCP 1.0
     
  • This program may qualify for 1.0 certification maintenance points toward the CSCP, CPIM and CLTD designations through The Association for Operations Management.
     
  • ISM 1.5
     
  • Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Christopher Tompkins

Christopher Tompkins

Jenner & Block LLP

  • Partner in Jenner & Block LLP’s Chicago office where he practices commercial litigation
  • Extensive experience assisting clients resolve disputes involving a variety of subject matters and venues, including the sale of goods under the Uniform Commercial Code (UCC)
  • Has assisted clients with an array of matters including the failure to supply, early termination, pricing, product quality and breach of warranty, and supplier bankruptcies
  • Counseled several major corporate clients regarding best contracting practices under the UCC, including review and revision of contracting procedures and standard contract forms
  • His clients span an array of industries including steel and mining, food and beverage, consumer packaged goods, automotive and heavy manufacturing, electric utilities, chemical companies, and equipment lessors
  • Has written and spoken extensively about these areas, including articles on breach of warranty and electronic contracting
  • Member of the Chicago and American Bar Associations and the international Bar Association
  • J.D. degree, magna cum laude, Loyola University Chicago School of Law; B.A. degree in economics and politics, cum laude, Catholic University of America
  • Can be contacted at 312-840-8686, [email protected], or www.linkedin.com/in/christopherptompkins
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Product ID: 403587
Published 2018
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