AGREEMENT made this ____day of _____, 20 between_____________________________________________________________, whose residence address is ___________________________________________________________________________________________________________________ (hereinafter called the Submitter); and Jessica Elizabeth Moore whose residence is at 1637 Trona Way, San Jose, CA 95125 USA (hereinafter called the Author); WITNESSETH: In consideration of the mutual covenants herein contained, the parties agree as follows: 1. GRANT The Submitter grants to the Author for an indefinite time period from the date of first publication the sole and exclusive right to publish and sell an English language paperback or hardback edition of the Work throughout the United States, its territories and possessions, Canada, and the world. 2. REPRESENTATIONS AND WARRANTIES The Submitter warrants and represents that this Work is original with him. The submitter may publish the Work elsewhere but the Author has full permission to publish the Work indefinitely. The Submitter grants no right of privacy or copyright to the Author. The Submitter further agrees that he will hold the Author, its distributors, and any retailer harmless against any recovery or penalty finally sustained arising out of his breach of this warranty, and in this event he will reimburse the Author for all court costs and legal fees incurred. Any out of court settlement of any suit filed jointly against the Submitter and the Author shall be made only by mutual agreement in writing between same. 3. ADVANCE Subject to the provisions hereof, the Author agrees to pay the Submitter as advance against royalties to be earned at the rate hereinafter set forth the sum of $0 payable as follows: $0 on the Submitter's signing of this agreement; $0 on acceptance by the Author of the Submitter's completed manuscript of said Work. 4. ROYALTIES The Author will not pay the Submitter royalties based upon net sales as reported by the Author's distributors. On all other copies sold at special rates, through book clubs, or as remainders, the Author will not pay the Submitter. 5. SUBSIDIARY RIGHTS The Submitter and/or his agent shall retain in full the exclusive right to sell or license the Work for publication in whole or in part, in English or in any foreign language, in any way, shape, edition, or form not in conflict with the rights granted to the Author under this agreement, and shall further retain the full and exclusive rights to license the Work for use in other media, except that the Author shall have the right to license second serial rights subsequent to book publication, and shall retain all proceeds of such licensing or sale. 6. MANUSCRIPT AND DELIVERY The Submitter agrees to deliver to the Author on or before and in final revised form an English language manuscript of an indefinite amount of words. If the Submitter shall fail to deliver said manuscript to the Author within the time herein provided, or having delivered same shall otherwise breach this agreement, the Submitter shall thereupon, on demand, repay to the Author all sums advanced to him under this agreement. If, in the opinion of the Author, the manuscript is unacceptable or unsatisfactory to the Author, the Author may reject it by written notice within thirty (30) days of delivery, and this agreement shall be deemed terminated and there shall be no further obligation upon the Author to publish said work and all rights granted to the Author under this agreement shall revert to the Submitter. 7. EDITING RIGHTS No changes, additions, deletions, abridgements, or condensations in the text of the Work or changes of title shall be made by the Author, its agents, or employees, without the expressed, itemized, and specific written consent of the Submitter. Prior to setting of type, final copy-edited version of manuscript shall be submitted to the Submitter. 8. GALLEYS AND PROOFS Prior to publication the Author upon advance notification shall provide the Submitter with galley proofs of the Work, which the Submitter shall correct and return to the Author within twenty (20) days of receiving same. 9. COPYRIGHT The Author hereby authorizes and mandates the copyright to the Work in the same name of the Submitter. 10. SUBMITTER'S COPIES On publication the Author shall give to the Submitter one (1) copy of the published Work, which may not be resold. Any further copies desired by the Submitter may be purchased at full (100%) of the retail price. 11. INHERITANCE This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Submitter, and upon and to the successors and assigns of the Author. X______________________________ X____________________________ SUBMITTER Witness for the Submitter X______________________________ X____________________________ AUTHOR Witness for the Author
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