Contractual Permission-based Provision

A Contractual Permission-based Provision is a contractual provision that grants a legal right or permission to one or more contract parties to perform certain actions or use certain resources.

• AKA: Permission Provision.
• Context:
  • It can cover various permissions, such as the right to use intellectual property, access to premises or resources, the ability to sublicense or assign rights, and more.
  • It can (often) include:
    • a Scope of Permitted Use.
    • a Conditions for Permission.
    • a Duration of Permission.
  • It can range from being an Atomic Permission Provision to being a Flexible Permission Provision.
  • It can range from being a Single Element Permission Provision, a Two Element Permission Provision, to being a Many Element Permission Provision.
  • It can range from being a General Permission Provision to being a Contract-Specific Permission Provision.
  • It can range from being an Unconditional Permission Provision (where the permission is granted without any conditions) to being a Conditional Permission Provision (where the permission is granted only under certain circumstances).
  • It can be crucial for protecting the rights of the grantor while enabling the grantee to utilize the granted permissions effectively.
  • ...
• Example(s):
  • a Software Licensing Agreement that allows a business to use software while restricting installation on multiple computers.
  • a Lease Agreement granting the tenant the use of property with conditions regarding subletting.
  • ...
• Counter-Example(s):
  • Obligation Provisions.
  • Representation and Warranty Provisions.
  • Force Majeure Provisions.
  • Remedy Provisions.
• See: Obligation Provision, Intellectual Property Rights.

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