[AccessD] Contract

Richard - I have just had a solicitor draw up a contract  for me (regarding software - but different purpose) and some of these clauses seem relevant to you (maybe 13.ii, 13.iii, 13.iv)

But it would probably be worth getting something done properly if you can add it to the bill?

rgds
Kath

            13.1 This Agreement may be terminated by either party forthwith upon the happening of any of the following events:

 

(i) upon any material breach by either party of its obligations under this Agreement where the non-breaching party has provided fourteen (14) days written notice to the breaching party specifying the material breach and such material breach has not been remedied during the fourteen  (14) day period;

 

(ii) all or substantially all of the assets of the other party are acquired by or its effective control is transferred to any third party, whether governmental or private;

 

(iii) if the other party has a receiver, or receiver and manager appointed over the whole or any substantial part of its assets or if an official manager of the other party is appointed;

 

(iv) a court order is made or a resolution of the other party's shareholder is passed for the winding up of the other party other than for the purpose of reconstruction, re-organisation or amalgamation;

 

                        (v)       if the other party becomes insolvent or makes an assignment for the benefit of creditors or any agreement pursuant to the Law of Bankruptcy or otherwise acknowledges its insolvency.


  ----- Original Message ----- 
  From: Griffiths, Richard 
  To: AccessD 
  Sent: Friday, February 24, 2006 8:25 PM
  Subject: [AccessD] Contract


  Hi Group

  I am a stand alone software developer and have been asked by a client to add (a line/paragraph) into the contract (for a piece of off-the-shelf software I have written)
  something to ensure that should my business go bankrupt/fail the source code can be released to them for product support.  I have no problem with this
  and understand their concerns.  What I'm not sure about is the appropriate wording for this - does anyone have any advice/standard wording they use for this purpose.
  I have put something together myself but the contract will go to their contracts department (we are talking about a local government client here) for scrutiny.
  As I have said I am happy to release the source code should my business fail but I don't want to lose any copyright/ownership - also I am finding it difficult to cover what product support
  constitutes - I don't want to have to release the code if they demand enhancements that I do not want to develop at that time say.  Equally I don't want to write a long protracted contract (the software only 
  costs £5000 so I'm not going to get legal advice or use Escrow) - I am looking for something simple and to the point. All contributions welcome.

  Richard

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