I've been asked to sign a new NDA/Non-compete agreement.
Can someone explain 'Counterparts'?
"This Agreement may be executed in one or more counterparts, all of which, taken together, shall constitute one and the same agreement."
[ANSWERED] Can you explain the legal term 'Counterpart'?
Last edited by linny on March 18th, 2012, 1:19 pm, edited 1 time in total.
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Readers Wanted: Arabian Nights Problem of the Ages Home Education DR-Dialogue of the Dead - Lucian
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So I interpret that to mean that the bit you get is part of the agreement.OED wrote:Law. The opposite part of an indenture n., q.v.* ; each of the indented parts of a deed of contract, etc., in its relation to the other part; esp. that which is not considered the principal part or original, e.g. the executed copy of a lease or receipt retained by the grantor as a counter-security.
* indenture: a. A deed between two or more parties with mutual covenants, executed in two or more copies, all having their tops or edges correspondingly indented or serrated for identification and security. Hence, A deed or sealed agreement or contract between two or more parties, without special reference to its form.
I am not, however, a lawyer, and the law, especially contract law, never fails to surprise me.
Ruth
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Isn't a counterpart just a copy that, for legal purposes, is treated as an original? So if more than one party needs to sign something, they can each separately sign a copy (a counterpart), and each of those copies has equal status.
Edit: Isn't David (Shipley) a lawyer?
Edit: Isn't David (Shipley) a lawyer?
I did a quick google and came across these, but hopefully there's a helpful lawyer here who can advise you.
http://www.patent-trademark-law.com/trade-secrets/nda-non-compete-agreements/
http://www.sconsig.com/tipscons/nda_noncompete.htm
Carol
eta I'm sorry, I don't think either mentioned counterparts!
http://www.patent-trademark-law.com/trade-secrets/nda-non-compete-agreements/
http://www.sconsig.com/tipscons/nda_noncompete.htm
Carol
eta I'm sorry, I don't think either mentioned counterparts!
ask for an explanation from the other party ('s lawyers). if possible, get it written.
CK
CK
Thank you all for the replies. I requested some modifications and also asked for a clarification on this point. Should be an interesting ride.
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Readers Wanted: Arabian Nights Problem of the Ages Home Education DR-Dialogue of the Dead - Lucian
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Let us all wish more-power to the Plain English organisation who campaign for straight forward language, rather than obfusicated jinglese.
http://plainenglish.co.uk/
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Counterpart means copies. So if five people have to sign, each can sign a separate copy of the signature page, and they will be treated as if everyone signed on the same sheet.
The trouble with life isn't that there is no answer, it's that there are so many answers. Ruth Benedict
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I had some other issues. This section was removed during the revision.
Thank you for all that responded. I appreciate your time.
Thank you for all that responded. I appreciate your time.
Linette's DPL list
Readers Wanted: Arabian Nights Problem of the Ages Home Education DR-Dialogue of the Dead - Lucian
Readers Wanted: Arabian Nights Problem of the Ages Home Education DR-Dialogue of the Dead - Lucian