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ARTICLE · 22 FEBRUARY 2019

Is Your Automatic Renewal Clause Enforceable?

Automatic renewal clauses, or "evergreen clauses," are a frequent occurrence in contracts of all kinds and are becoming increasingly prevalent ...

United StatesCorporate/Commercial Law

Automatic renewal clauses, or "evergreen clauses," are a frequent occurrence in contracts of all kinds and are becoming increasingly prevalent as businesses transition from traditional methods of selling products and services to various "as-a-Service" (i.e., SaaS, PaaS, IaaS) and subscription-based business models. These types of clauses typically state that the contract automatically renews if the customer does not provide notice of termination prior to the renewal. In the typical case, a year or more goes by after the customer signs the contract, the service goes downhill, the customer misses the termination deadline, and then they are stuck with a vendor or service they don't want or need.

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