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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10236
Experience:  Civil litigation attorney for individuals and businesses.
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What does this paragraph mean? "Talent agrees that is there

Customer Question

What does this paragraph mean?
"Talent agrees that is there is a breach or threatened breach of theprovidison of this Agreement, Pepsi Co. shall ahve no adequate remedy in money or damages and accordingly shall be entritle to injunctive relief, spefici performace or other equitable relief; provided however no specification in this Agreement of any particular remedy shall be construed as a waiver, limitation or prohibition of any other remedies in the event of breach or threatened breach in this Agreement"
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
This is a type of "boilerplate" clause that large companies use to try to protect themselves against smaller parties. The clause states that if the "talent" (the party contracting with Pepsi - usually an actor or similar performer for an advertisement or promotion), fails to perform under the contract, then Pepsi is entitled to an injunction preventing the talent from performing in similar advertisements or promotions in competition with Pepsi.They cannot force the talent to participate in the promotion (this is a violation of the 14th amendment), but they are entitled to damages if the talent breaches the contract.(This clause is a little vague, and it leaves the penalties open ended). If you are not represented by counsel or an agent acting on your behalf, it may be worth speaking with one to help you evaluate these contracts (particularly if they are long term contracts).
Customer: replied 1 year ago.
Thank you but the information below still has me confused. What is a remedy?
"provided however no specification in this Agreement of any particular remedy shall be construed as a waiver, limitation or prohibition of any other remedies in the event of breach or threatened breach in this Agreement"
Expert:  CalAttorney2 replied 1 year ago.
"Remedy" is an award or judgment. For example, if a party sues someone for breach of contract because they didn't pay for the product they received, the remedy would be the money they were supposed to pay; if a party sues because they weren't given the title to the property they purchased, the remedy would be a court judgment awarding them title to the property.
Customer: replied 1 year ago.
Ok so Pepsi is entitled to to damages if the talent breaches the contract. What does the second 1/2 of the sentence mean (the however part)? ...equitable relief; provided however no specification in this Agreement of any particular remedy shall be construed as a waiver, limitation or prohibition of any other remedies in the event of breach or threatened breach in this Agreement"
Expert:  CalAttorney2 replied 1 year ago.
What that means is that if there is a clause in the agreement that states (for example) "If Talent is 15 minutes or more late to a shoot, Talent forfeits 15% of the fee for that shoot" (that is a specific remedy/penalty), but the second portion of the clause you reference above, states that this specific remedy (the 15% penalty) is not the sole remedy, and Pepsi can pursue any other remedy available to them in addition to the 15%.

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