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Issue #4: Contract Hints & Legal Issues: April 2022

1. True or False? An idiom is an expression that cannot be understood from the meanings of its separate words but that has a separate meaning of its own.

 

2. In the below sentences, the verb, to run, is being used as a G _ _ un _. Run can appear alone or band together with other words to form a G _ _ un _ phrase. Collectively, this phrase behaves like a single noun.

 

Running is a favorite activity of mine.

Running with scissors is a favorite activity of mine.

 

Answer: A Gerund is an English noun formed from a verb by adding- ing.

3. The below clause/provision/term uses exclusive of, exclusivity, exclusive and exclude.

Clause:

Exclusive of Distributor’s prior actions, in the event Vendor/Seller’s (Vendor) is in breach of Agreement’s Exclusivity Clause,

 

Vendor grants to Distributor and its Affiliates as defined above the exclusive, nontransferable right to market and distribute Vendor’s Products to its Resellers in the United States and Canada (the “Territory”) , 

 

Distributor, in its discretion and without notice to Vendor, may: (1) Request Resellers return Vendor’s Products to Vendor at Vendor’s expense; and/or (2) Exclude Vendor from participating in its Annual Affiliate/Reseller Conference as previously agreed hereunder.

4. Are Exclusive of, Exclusivity, Exclusive and Exclude, idioms? Yes and No.  Exclusive of is an idiom, but Exclusivity, Exclusive and Exclude are not.

 

5. Do they mean the same thing? No

 

6. What common single word(s) can be SUBSTITUTED FOR Exclusive of?

Hint: 

It is a preposition that means "in addition to" or "apart from." It's can also serve as an adverb that means "furthermore" or "another thing."

 

Answer: Besides

https://newsroom.unl.edu/announce/snr/3668/20793#:~:text=%22Besides%22%20is%20also%20a%20preposition,%22%20or%20%22another%20thing.%22

7. What does Exclusivity mean? In Contract law, an exclusivity contract is a contract in which one party grants another party sole rights with regard to a particular business function.

https://definitions.uslegal.com/e/exclusivity/#:~:text=Exclusivity%20is%20the%20condition%20or,to%20a%20particular%20business%20function

 

8. What does Exclusive mean? Participation by only one person or entity and which prevents others from participating.

 

9. What does Exclude mean? To keep out and/or prevent the entrance of.

https://www.dictionary.com/browse/exclude