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The Trials of Academe the New Era of Campus Litigation Form

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Chapter 4 Successors and Assigns Tina L. Stark Adjunct Professor of Law Fordham University School of Law New York, New York § 4.04 Negotiating and Drafting a Successors and Assigns Provision Page 87 Example 1 This Agreement is binding upon, and inures to the benefit of, the parties and their respective [permitted] successors and assigns. Example 2 This Agreement binds and benefits the parties and their respective [permitted] successors and assigns. Page 88 This Section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement. Section [insert cross-reference to the assignment and delegation provision] addresses these matters. Page 89 This Agreement binds and benefits the parties and their respective heirs, executors, administrators, legal representatives, [and permitted] [successors] and assigns. *** This Agreement binds and benefits (a) Roger North and his heirs, executors, administrators, legal representatives, and [permitted] [successors and] assigns; and (b) Telecom Inc. and its [permitted] successors and assigns. Page 90 Example 3This Agreement binds only the Borrower and its successors and assigns, and it benefits only the Bank and its successors and assigns.

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