Merger: Merger is a legal term that essentially means that all other prior oral or written agreements or representations are null and void and that this Agreement constitutes the final and complete agreement between the parties. AEM represents and warrants that its business is in good condition and does not currently violate any federal, state, or local law, regulation, rule, or order. The company that owns the product and the celebrity promoting it are both parties to an endorsement agreement. The warranty and warranty periods of the companies and the endorser are specified in the contract, in order to avoid future problems. During the term of this Agreement, the Company undertakes to provide the Endorser with the Product at the request of the Endorser, which will be provided free of charge and as part of the compensation. The agreement should clearly include a list of definitions to illustrate the importance of important contract terms. IN WITNESS WHEREOF, the Parties hereby execute this Agreement with the intention of being legally bound. AEM agrees that compensation paid to the athlete is private, confidential and a trade secret. AEM also agrees that a breach of this confidentiality is difficult to determine, and AEM also agrees to __ $ as damages if AEM violates the athlete`s confidentiality. This provision stipulates that the parties are released from their rights and obligations when external pressure is exerted. Force majeure, war and acts of terrorism are examples of external pressures. If the force majeure lasts longer, both parties have the option to terminate their contract. 7.
Auriemma will sign 100 items per year during the Berkshire Service Period, provided that all items are purchased at Berkshire`s expense, provided, however, that Berkshire does not sell Auriemma signed items and that Auriemma is not required to sign items made by a competitor of Nike, and subject to Nike`s right to refuse items. a) Auriemma represents and warrants to Berkshire that: Confidentiality: A confidentiality clause is often considered valuable to both the athlete and the company. This Agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind prior to the date of this Agreement shall not bind either party, except to the extent provided in this Agreement. Any dispute or controversy between the parties arising out of or relating to this Agreement shall be resolved by arbitration in accordance with the business rules of the American Arbitration Association by a panel of three qualified arbitrators. Berkshire and Auriemma will each select one referee and the two (2) referees so selected will choose the third. If BERKSHIRE or Auriemma do not select an arbitrator within 30 days of the announcement of the commencement of the arbitration, or if both arbitrators do not select a third arbitrator within thirty (30) days of their appointment, the American Arbitration Association shall, at the request of a party to the dispute or dispute, appoint the arbitrator(s) to form or supplement the panel. The arbitration may be initiated by BERKSHIRE or Auriemma by submitting a written request to the American Arbitration Association, together with a reasonable filing fee, to the office of the American Arbitration Association in the county where the proceeding is to be held in accordance with the provisions of the following sentence. Any arbitration or dispute (to the extent the requested remedy is not lawfully available through arbitration [e.g., injunctive relief]) relating to any claim or dispute arising out of or relating to this Agreement must be commenced in the county in which the principal place of business of the party that did not bring such action or of the defendant or opposing party is located. The parties irrevocably submit to the exercise of material and personal jurisdiction over each party by the federal and/or state courts of such jurisdiction (the “Selected Jurisdiction”). The parties hereby irrevocably waive any objection that nothing in this Agreement shall be construed as creating an employer-employee relationship between Auriemma and Berkshire. Accordingly, there is no withholding tax on payments due to Auriemma hereunder and Auriemma is responsible for all income payments and other taxes required by Auriemma. Nothing in this Agreement shall be construed as creating a relationship between the parties as a legal representative, partner or joint venture.
Neither party has the authority to bind the other party in any way, except as otherwise provided in this Agreement. This paragraph shall survive termination of this Agreement. Some promising athletes are under the age of 18. Contract law generally provides that a minor may terminate a contract at any time until his or her 18th birthday at will, even if the other party is bound. To address this issue, some states have created specific laws that allow courts to uphold endorsement agreements with teenage athletes and make them mandatory when certain requirements are met. If any provision of this Agreement is held to be void, ambiguous or unenforceable, it will be severed from this Agreement and will not affect any other provision or the validity or enforceability of this Agreement. The parties understand that the contents of this Agreement are confidential and that disclosure to third parties could harm the interests of one or both parties. Accordingly, the parties agree not to disclose the terms of this Agreement without the prior written consent of the other party, except to management consultants, legal and financial representatives, except as required by federal securities laws or federal or state banking laws.