| 1. I am submitting to you herewith the following described material,
ideas or creative work (herinafter referred to as “said material(s)”):
2. I further understand that you have adopted the policy of refusing
to accept, consider or evaluate unsolicited material unless the
person submitting such material has signed an agreement in form
substantially the same as this. 3. I request that you examine said material with a view to deciding whether you will undertake to represent said material, and you hereby agree to so examine it. 4. 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, and that all of the elements of said material are summarized herein. I agree to indemnify you against any liabilities, losses, claims, demands, costs (including reasonable attorney’s fees), or expenses arising in connection with any breach or alleged breach of the foregoing. 5. I agree that nothing contained in this agreement nor the fact of my submission of said material to you shall be deemed to place you or any of your client or any person or entity to whom you show said material in any different position than anyone else to whom I have not submitted same material with respect to any portion of said material which does not constitute protectable literary property. 6. I recognize that you and your clients have access to and/or may create or have created literary materials and ideas which may be similar or identical to said material in theme, idea, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by you or any such client or may have come to you or such client from any other independent source. 7. Such similarity in the past has given rise to litigation so that unless you can obtain adequate protection in advance, you will refuse to consider the submitted material. The protection for you must be sufficiently broad to protect you, your related corporations, and you and their employees, agents, licensees and assigns and all parties to whom you submit material. Therefore, all references to you include each and all of the foregoing. 8. I agree that no obligation of any kind is assumed or may be implied against you by reason of your review of the said material or any discussions or negotiations we may have, except pursuant to an express written agreement hereafter executed by you and me which, by its terms, will be the only contract between us. 9. You agree that if you cause to be used any legally protectable
portion of said material, provided it has not been obtained from,
or independently created by, another source, you will pay or cause
to be paid to me in amount which is comparable to the compensation
normally paid for similar material or an amount equal to the fair
market value thereof as of the date of this agreement, whichever
is greater. If we are unable to agree tosaid amount, or in the
event of any dispute concerning any alleged use of said material
(e.g. whether you have cause to be used legally protectable portions
thereof), or any other dispute arising out of or in connection
with said material or with reference to this agreement, its validity,
construction, performance, |