1. I request that you
read and evaluate said material.
2. I warrant that I am
the sole owner and author of said material, that I have the exclusive right and
authority to submit the same to you upon the terms and conditions stated
herein. I will indemnify you of and from any and all claims, loss or liability
(including reasonable attorney's fees) that may be asserted against you or
incurred by you, at any time, in connection with said material, or any use
thereof.
3. I recognize that
you have access to literary materials and ideas which may be similar or
identical to said material in theme, idea, plot, format, or other respects. I
understand that no confidential relationship is established by my submitting
the material to you hereunder.
4. I understand that
you have adopted the policy, with respect to all material submitted, of
refusing to accept, consider, or evaluate said material unless the person
submitting such material has signed an agreement in a form substantially the
same as this agreement. I specifically acknowledge that you would refuse to
accept, consider or otherwise evaluate any material in the absence of my
acceptance of each and all of the provisions hereof. I shall retain all rights
to submit this or similar material to persons other than you.
5. I have retained at
least one copy of said material, and I hereby release you of and from any and
all liability for loss of, or damage to, the copies of said material submitted
to you hereunder.
6. I enter into this
agreement with the express understanding that you agree to read and evaluate
said material in express reliance upon this agreement and my covenants,
representations and warranties contained herein, and that in the absence of
such an agreement, you would not read or evaluate said material.
7. I hereby state that
I have read and understand this agreement and that no oral representations of
any kind have been made to me, and that this agreement states our entire
understanding with reference to the subject matter hereof. Any modification or
waiver of any of the provisions of this agreement must be in writing and signed
by both of us.
8. If more than one
party signs this agreement as submitter, the reference to "I" or
"me" throughout this agreement shall apply to each such party jointly
and severally.
9. Should any
provision or part of any provision be void or unenforceable, such provision or
part thereof shall be deemed omitted, and this agreement with such provision or
part thereof omitted shall remain in full force and effect. This agreement
shall at all times be construed so as to carry out the purposes hereof.