27.5 - GMSLA Provision
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GMSLA Anatomy™
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Classic over-communication from {{islacds}. Nothing in the 2010 GMSLA says you can’t use a third party vendor,</ref>In Mike’s immortal words from the Nasty episode, “Well it wouldn’t, would it? I mean, it doesn’t say “ensure you don’t chop up your video machine with an axe, put all the bits in a plastic bag and bung them down the lavatory.”</ref> and there are no confidentiality provisions, so plainly, this clause is not needed.
“But it won’t hurt to include it”, that drafting squadmust have thought.
Nor will painting a live camel with lentil soup.
but what it might to is cause confusion, angst, and alarm among the legal eagles, which in itself might prolong your negotiation for months. I am not just saying that. We know of one negotiation where the last outstanding point was “can we add a requirement for the mutual consent of both parties before appointing a third party vendor?”
ISLA’s crack drafting squad™ might think on this from a behavioural economics perspective: If this clause did not exist, no-one would imagine it needed limiting: it doesn’t say anywhere that you can’t use a third party vendor if that’s what you want to do, and, in the world of commerce, provided you don’t transgress your positive contractual obligations, you are free to do as you please. But, by saying it, you ask a silly question and invite a silly answer. Few assiduous attorneys will pass up the free opportunity to give one of those.