MEMRANDUM OF AGREEMENT
An
Agreement Made This .......................And......................200........
Between
(Hereinafter termed the AUTHOR) On The
One Part, and RELIANCE PUBLISHING HOUSE,
6/1, (BESMENT) South Patel Nagar, New Delhi- 110008 (hereinafter termed the PUBLISHER) on the other part whereby it is
mutually agreed between the parties hereto as follows:-
1.
The Author has/ shall/ deliver/ed to the
Publisher by …………………2013 the complete CDRom and typescript of Work written/
compiled/ edited by him, at present provisionally entitled,
(here
in after termed the Work)
2 . The author guarantees to the Publisher
that the said work is an original work and is in no way whatsoever a violation of
any existing copyright and that it contains nothing of a libellous, seditou or
scandalous nature, and that he/she has full powers to make this agreement and
the Author agrees to indemnify the Publishers and hold them harmless from all
actions, claims and demands that may be take or made on the ground that the
said work is such a violation or an Infringement of copyright, or that it
contains any libellous or scandalous matter.
3 . In consideration of the payment
hereinafter mentioned, the Publishers shall during the legal term of
unrestricted copyright, have the exclusive right of producing and publishing
the present and the subsequent editions of the work or any portion of it and
the Author shall not publish or allow to be published anywhere any abridgement,
portion, translation or printed dramatized version of the work or any portion or
any portion of it without the written consent of the Publisher.
4. The Publishers shall, at their own
risk and expense, and at their convenienence, produce and publish the work and
use their best endeavors to push the sales of the same through their usual
channels of publicity- the production, publications publicity and sales to be
controlled entirely by them, but contribution for production by the author is
welcomed.
5. The Publisher shall not be
responsible for low sales of the title and if it is not sold within two years,
time, shall have the right to remainder it at cost price in which case the
first refusal will be by the Author and the publisher then will be at liberty
to offer to the trade on those very terms.
6.
The Publisher shall not be held responsible for accidental loss or damage by
fire or otherwise while the work is in the custody or in the course of preparation.
7. The Publisher shall deliver to the
author free of charge five presentation copies of the work, when ready, and
Author shall have the right to purchase further copies for personal use, at
discount of 40%.
8. The Publisher agrees to the Author as
and by way of the Copyright of the work....5...copies in addition to the five
copies mentioned in clause 6 or. 10000....in
full and final settlement, for translation.
9. It is clearly understood that the
Author shall not be entitled to any further remuneration in any way, on the
present or successive editions of the work. The Publishers shall be at liberty
to make any use of the work in whatever manner they deem fit.
10. If any dispute or differences shall
arise between the parties hereto relating to this agreement or any other matter
arising there from or incidental therto, the same shall be submitted to arbitration
of two persons, one of the choice of each, or their umpire in accordance with
the provisions of the Arbitration Act of 1940, or any statutory modification
thereof for the time being in force. The Delhi
courts alone will have jurisdiction over all legal matters connected with this
Agreement.
11. The right and obligations under this
Agreement belonging to and binding upon the Author and the Publishers
respectively shall be binding upon the successors, assigns or administrators of
the Author and the Publishers respectively.
In witness whereof the parties hereto
have hereunto set their hands and seals this day and year above mentioned.
Signed
by the within-named Signed for the within-named
...................................................... RELIANCE PUBLISHING HOUSE
Address..................................... by
.................................................... ...............................................................
....................................................
In
the presence In
the presence of
................................................................
Address
Address
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