Tom: Pretty much standard General provisions are also set out including references to Amendments (19.1), Governing Law (19.2), Severability (19.3), Headings (19.4), Notices (19.5), Integration (19.6), Waiver (19.7), Presumptions (19.8), Remedies (19. 9), Assignment (19.10), Counterparts (19.11), Injunctive Relief (19.12), Attorney’s fees (19.13), and Independent Contractor Status (19.14).

Chris & Dave: At law, if there is any uncertainty in a contract, the courts will sometimes give one party the benefit of the doubt if the other party drafted the contract. Section 19.8 tries to avoid this by saying that both parties participated in drafting the Agreement. It’s typical to include this type of clause in a development agreement, but it always gives us a good chuckle—especially when one party is a large publisher and the other is a new company.