Is there repetition in this contract clause?

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gaetanjzy

New Member
Chinese
Hi everyone, I'm reviewing a contract for a book's translation rights grant, and I find the following clause a bit strange.

" All rights shall revert automatically 6 (six) years from the date of this Agreement, provided, however, that Part A shall continue to receive any sums due under this Agreement after the expiration of such six year period. If Part B should be interested in an extension of the Agreement, he will notify the Part A in writing at least 6 (six) months in advance and the terms can be agreed for an additional license term no longer than the initial on terms that shall be agreed upon and subject to a new written agreement."

Do you think the first "terms" and the second "terms" are repetitive? What would you suggest to improve this clause? Thank you!
 
  • Nunty

    Senior Member
    Hebrew-US English (bilingual)
    Welcome to the forums, gaetanjzy. :)

    Legal English is not normal English. What may be an unnecessary repetition in a general text might be essential in a legal document. We always suggest getting a lawyer who is fluent in legal English to review legal documents.
     

    Barque

    Banned
    Tamil
    ................he will notify the Part A in writing at least 6 (six) months in advance and the terms can be agreed for an additional license term no longer than the initial on terms that shall be agreed upon and subject to a new written agreement."........
    On the strength of some familiarity with such documents, it seems to me that the confusion arises from a typo.

    The second highlighted word "terms" (after the words "initial on") should be "term", as in "period of time" and the word "on" before it should be deleted.

    The sentence is even otherwise not happily worded but this correction would at least remove the repetition. The first highlighted "terms" would then refer to "terms and conditions" while the second highlighted "terms" after losing the "s" would mean a period (the initial term) - which appears to be the intention of the clause.

    Edit: But as Nunty said, a lawyer who is provided the entire contract to read would be better placed to advise you on this.
     
    Last edited:

    panjandrum

    Lapsed Moderator
    English-Ireland (top end)
    There is another possibility, that the word term is implied after initial.
    ... the terms can be agreed for an additional license term no longer than the initial (term) on terms that shall be agreed upon and subject to a new written agreement

    The text is confusing.
    Do not rely on interpretation given in this forum.
    Ask for clarification from the organisation that provided the contract.
     
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