This form is a "Residuals" Clause for a Consultant Agreement usable in consulting agreements where consultant exposure to commercial trade secrets or other confidential information is a factor. The residuals clause allows some disclosures of confidential information under certain limited circumstances.
The Kansas Residuals Clause for Consultant Agreement is a specific legal provision that outlines the ownership and usage of residual information or knowledge obtained by the consultant while providing services to a client in the state of Kansas. This clause helps ensure that both parties understand their rights and responsibilities regarding any residual information obtained during the consulting engagement. In essence, the residuals' clause defines what constitutes residual information, which typically includes ideas, concepts, techniques, processes, or knowledge that the consultant may develop, acquire, or improve during their work. It aims to address the possibility of the consultant using such residual knowledge for future projects or endeavors. The Kansas Residuals Clause for Consultant Agreement generally declares that any residual information that is significantly related to the client's business or that was developed or acquired while working on the client's project will be considered the client's exclusive property. This means that the client retains full rights and ownership over such residual information. Different types of Kansas Residuals Clauses for Consultant Agreements may include: 1. Broad Residuals Clause: This type of clause states that the client will own all residual information, regardless of its connection to the project or business. It provides the client with maximum control and ownership over any knowledge or information developed or acquired by the consultant during the engagement. 2. Limited Residuals Clause: In contrast to the broad clause, the limited residuals' clause specifies that the client will only own residual information that is directly related to the project or the client's business. Any residual information that is unrelated or not significantly related remains the consultant's property. This type of clause provides more freedom for the consultant to use or develop residual knowledge for other purposes. 3. Excluded Residuals Clause: Some agreements may include an excluded residuals' clause, which clearly defines certain categories of information that will not be considered residual. For example, publicly available information, knowledge already possessed by the consultant prior to the engagement, or information obtained independently of the client's project may be excluded from the definition of residual information. It is essential for both consultants and clients in Kansas to carefully review and negotiate the terms of the residuals clause based on their specific circumstances and needs. Seeking legal advice is highly recommended ensuring the agreement accurately reflects the parties' intentions and protects their rights regarding residual knowledge.
