TMT clauses

TMT clauses

This subtopic contains various clauses that are commonly used in TMT agreements.

For boilerplate and standard definitions, see Boilerplate clauses—overview and Definitions—overview.

For a summary of the law, guidance and practice on the execution of documents, along with standard execution clauses, see Execution—overview.

General

For standard commercial clauses commonly used in TMT agreements, see the following Precedents:

•
Anti-bribery clause
•
Anti-tax evasion facilitation clause
•
Change control clause—long form
•
Conditions precedent clause—commercial contracts
•
Dependencies clause
•
Determination by expert or arbitrator clause
•
Expenses recovery clause
•
Forecast clause
•
Hardship clause
•
Indemnity
•
Insurance clause—commercial contracts
•
Interest on late payment clause
•
Limitation of liability clause
•
Liquidated damages
•
Minimum purchase clause
•
Modern slavery—contract clauses
•
Non-solicitation clauses
•
Payment clause—commercial contracts
•
Post-contract verification clause
•
Pre-contractual information clause
•
Royalty based on Net Sale Price clause
•
Step-in clause for outsourced services
•
Termination clause

For a precedent service level agreement (SLA) suitable for use as a service level schedule in a larger agreement or, with modifications, as a standalone agreement, see Precedent: Service

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest TMT News

Commission publishes second draft of General-Purpose AI Code

The European Commission has released the second draft of the General-Purpose AI Code of Practice, incorporating feedback from the first draft published on 14 November 2024. This iteration outlines transparency and copyright obligations for all providers, as well as systemic risk assessment and mitigation measures for advanced models. The draft aligns with AI Act obligations and introduces a new structure focusing on objectives, commitments, and measures, along with preliminary Key Performance Indicators. The Commission has scheduled further working group meetings and workshops to refine the Code. The third draft of the Code of Practice can be expected for the week of 17 February 2025.

High Court assesses damages following termination of licence to use software (THJ Systems v Sheridan)

TMT analysis: The High Court has assessed damages in a case involving the termination of a licence to use software. The case illustrates how the court approaches the task of assessing damages in business disputes of this nature. It emphasises the importance of compliance, credible evidence, and clear differentiation of claims, offering practical lessons for lawyers handling similar cases in England and Wales. Written by Helen Hart, senior knowledge lawyer at Lewis Silkin LLP.

ASA rulings—8 January 2025

Two complaints were received by the Advertising Standards Authority (ASA) regarding misleading environmental claims in online display ads by eDreams. The ASA upheld both complaints.

MoJ announces new offences to combat sexually explicit 'deepfakes'

The Ministry of Justice (MoJ) has unveiled plans to introduce new criminal offences targeting the creation and sharing of sexually explicit 'deepfakes', as well as the non-consensual taking of intimate images. The proposed legislation, to be included in the forthcoming Crime and Policing Bill, will carry a maximum sentence of two years' imprisonment. These measures expand upon existing offences and implement recommendations from the Law Commission. The government has also designated sharing intimate image offences as priority offences under the Online Safety Act, compelling platforms to remove such content or face regulatory action. These reforms aim to address the growing issue of intimate image abuse, particularly affecting women and girls and form part of the government's broader strategy to combat online harassment and protect victims.