1. Which of the following is the best way to express the subcontractors' requirement to comply with all laws when the subcontractor is not a party to the contract?
2. A.The Contractor's subcontractors shall comply with all laws in performing Services.
3. B.The Contractor shall instruct all its subcontractors to comply with all laws in performing Services and shall use reasonable efforts to monitor their compliance.
4. C.The Contractor intends to require its subcontractors to comply with all laws in performing Services.
5. D.The Contractor's subcontractors will comply with all laws in performing Services.

2 points

QUESTION 12

1. Which of the following is the best way to express Widgetco's obligation as a result of a condition when both Acme and Widgetco are parties to the agreement?
2. A.At Acme's written request, Widgetco shall sell the Assets.
3. B.Acme may require Widgetco to sell the Assets.
4. C.Acme may at its sole discretion require Widgetco to sell the Assets.
5. D.If Acme so requests, Widgetco is required to sell the Assets.

2 points

QUESTION 13

1. Which of the following is the best way to express the Customer's obligation as a result of a condition when both the Customer and the Vendor are parties to the agreement?
2. A.If it gives the Customer at least five days' advance notice, the Vendor is allowed to enter any Customer's premises where one or more Units are located.
3. B.The Customer hereby grants the Vendor the right to enter any of Customer's premises where one or more Units are located, if the Vendor gives the Customer at least five days' advance notice.
4. C.The Vendor might enter any Customer's premises where one or more Units are located on giving the Customer five days' advance notice.
5. D.If the Vendor gives the Customer at least five days' advance notice, the Customer shall permit the Vendor to enter any of Customer's premises where one or more Units are located.

2 points

QUESTION 14

1. Which of the following is the best way to express the prohibition when the Recipient is a party to the contract?
2. A.The Recipient is not entitled to disclose or use Confidential Information except as contemplated in this agreement.
3. B.The Recipient shall not disclose or use Confidential Information except as contemplated in this agreement.
4. C.The Recipient may not disclose or use Confidential Information except as contemplated in this agreement.
5. D.The Recipient must refrain from disclosing or using Confidential Information except as contemplated in this agreement.
6. E.The Recipient agrees not to disclose or use Confidential Information except as contemplated in this agreement.

2 points

QUESTION 15

1. Which of the following is the best way to express the Licensor's discretion when the Licensor is a party to the contract?
2. A.If a Bankruptcy Event occurs, the Licensor may terminate this agreement.
3. B.If a Bankruptcy Event shall have occurred, the Licensor may terminate this agreement.
4. C.If a Bankruptcy Event has occurred, the Licensor is allowed to terminate this agreement.
5. D.If a Bankruptcy Event were to occur, the Licensor may terminate this agreement.
6. E.Upon occurrence of a Bankruptcy Event, the Licensor is entitled to terminate this agreement.

2 points

QUESTION 16

1. Which of the following complies best with Stark's recommendation regarding the language to use when drafting representations and warranties?
2. A.Acme covenants that the Inventory is in good condition.
3. B.Acme maintains that the inventory is in good condition.
4. C.Acme promises that the Inventory is in good condition.
5. D.Acme represents and warrants that the Inventory is in good condition.
6. E.The Inventory is in good condition.

QUESTION 17

1. Which of the following is the best way to draft the Recipient's covenant when the Recipient is a party to the contract?
2. A.The Recipient shall cooperate with the Disclosing Party to protect the confidentiality of any information that shall be disclosed.
3. B.The Recipient shall cooperate with the Disclosing Party to protect the confidentiality of any information that could be disclosed.
4. C.The Recipient shall cooperate with the Disclosing Party to protect the confidentiality of any information that is disclosed.
5. D.The Recipient shall cooperate with the Disclosing Party to protect the confidentiality of any information that might be disclosed.

QUESTION 18

1. Which of the following is the best way to express the Company's authority to change the Employee's position and assignment when both are parties to the contract?
2. A.The Employee's position and assignments are changeable.
3. B.The Employee's position and assignments are subject to change.
4. C.The Company may change the Employee's position and assignments.
5. D.The Company can change the Employee's position and assignments.

2 points

QUESTION 19

1. Which of the following is the best way to express the parties' intent?
2. A.The parties intend that the merger be treated as a "plan of reorganization" within the meaning of section 368 of the Code.
3. B.The merger is a "plan of reorganization" within the meaning of section 368 of the Code.
4. C.The merger is to be treated as a "plan of reorganization" within the meaning of section 368 of the Code.
5. D.The merger shall be treated as a "plan of reorganization" within the meaning of section 368 of the Code.

QUESTION 20

1. Which of the following complies best with Adams' recommendations regarding categories of contract language when both the Vendor and Acme are parties to the contract?
2. A.The Vendor shall request a Deadline Extension at least 30 days before the Deadline.
3. B.Acme will not be required to consider a request for a Deadline Extension if the Vendor submits it less than 30 days before the Deadline.
4. C.A Deadline Extension submitted less than 30 days before the Deadline may be void.
5. D.A Deadline Extension shall be valid if submitted at least 30 days before the Deadline.

QUESTION 21

1. Which of the following complies best with Adams' recommendations regarding categories of contract language?
2. A.Acme shall submit to Widgetco receipts for Project expenses no later than 30 days after Acme incurs them.
3. B.Widgetco shall not reimburse Acme for Project expenses if Acme submits to Widgetco receipts for those expenses later than 30 days after Acme incurs them.
4. C.To be reimbursed for Project expenses, Acme must submit to Widgetco receipts for those expenses no later than 30 days after Acme incurs them.
5. D.Acme's Project expenses will not be reimbursed if Acme submits to Widgetco receipts for those expenses later than 30 days after Acme incurs them.

QUESTION 22

1. Which of the following complies best with Adams' recommendations regarding categories of contract language?
2. A.No amendment to this agreement will be effective unless it is in writing and signed by the parties.
3. B.This agreement shall be amended only by written agreement of the parties.
4. C.The parties shall amend this agreement in writing.
5. D.The parties shall not amend this agreement other than by written agreement.

QUESTION 23

1. Which of the following is the best way to express the Company's covenant when the Company is a party to the contract?
2. A.The Company shall promptly return the Equipment to the Supplier on termination of this agreement.
3. B.The Equipment shall promptly be returned on termination of this agreement.
4. C.The Equipment must promptly be returned to the Supplier on termination of this agreement.
5. D.Return of the Equipment by the Company to the Supplier is obligatory on termination of this agreement.

QUESTION 24

1. Which of the following complies best with Adams' recommendations regarding categories of contract language when the Company is a party to the contract?
2. A.On Jones's purchase of the Shares, Jones will be entitled to be appointed to Acme's board of directors.
3. B.On Jones's purchase of the Shares, the Company shall appoint Jones to Acme's board of directors.
4. C.On Jones's purchase of the Shares, Jones will be appointed to Acme's board of directors.
5. D.On Jones's purchase of the Shares, Jones shall be appointed to Acme's board of directors.

QUESTION 25

1. Which of the following complies best with Adams' recommendations regarding categories of contract language when the Company is a party to the contract?
2. A.The Company shall provide the Consultant with access to all Company employees that the Consultant shall name in a notice to the Company.
3. B.The Consultant is entitled to have access to all Company employees that the Consultant names in a notice to the Company.
4. C.The Company shall provide the Consultant with access to all Company employees that the Consultant names in a notice to the Company.
5. D.The Company shall provide the Consultant with access to all Company employees that the Consultant may name in a notice to the Company.