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Downsides of Evergreen Contracts Lack of flexibility: The continuing nature of these contracts can reduce flexibility, especially if business needs change over time. While evergreen contracts offer the advantage of convenience and continuity, they can sometimes lead to a reduction in flexibility.
As a general concept, an evergreen clause provides that the term of an agreement will automatically renew for some period of time unless one party provides the other party with notice before the end of the current term that it does not wish to renew the term of the agreement.
A change of control provision is an agreement where a party has certain rights, such as payment, consent, or termination. This is often related to a change in management or ownership of the opposite party. However, there isn't a standard definition when it comes to a change in control.
Both commercial businesses and professional practices alike frequently enter into agreements con- taining ?evergreen? provisions, i.e. such agreements automatically renew unless the business or practice delivers a timely notice of non-renewal to the other party.
Example: ?The initial term of this lease agreement is for one year. At the expiration of the initial term, this Agreement shall continue from month to month under its existing conditions unless and until the Tenant gives Landlord 30 days notice in writing of the termination prior to the expiration of the initial term.?
What Is an Evergreen Clause? As a general concept, an evergreen clause provides that the term of an agreement will automatically renew for some period of time unless one party provides the other party with notice before the end of the current term that it does not wish to renew the term of the agreement.
Change of Control clauses create a right to terminate a contract - usually with a supplier - after the management and/or shareholders change, during the term of the contract. It's a type of break clause: the right to terminate the contract arises those in control of the company change.