Common use of Out of Print Clause in Contracts

Out of Print. If Publisher finds that the sale of The Book, in print format, reaches a point not justifying reprinting, it shall have the right to declare The Book as out of print. Publisher shall advise Author of this declaration, and Author shall have the right for thirty (30) days from such notice date to request copies of the electronic files, if any, of The Book and, if Author so desires, to purchase any remaining stock, if any, of The Book at manufacturing cost plus shipping charges. If Author fails to request the electronic files or fails to purchase any remaining stock, Publisher may dispose of any such files, and books without further liability for royalties. If Publisher, in Publisher’s sole discretion, determines that further publication or dissemination of The Book in any format is not in Publisher’s best interest, then Publisher shall have the right to declare The Book as out of print and cancel this Agreement; provided, however, that no such declaration may be made by Publisher earlier than three years following first publication of The Book. A declaration that The Book is out of print will not relieve Publisher of its obligations to pay Royalties owed by Publisher to Author under Section 8. When The Book has been declared out of print, all publishing rights return to Author, excluding any outstanding licenses under this Agreement.

Out of Print. If Publisher finds that the sale of The Book, in print format, reaches a point not justifying reprinting, it shall have the right to declare The Book as out of print. Publisher shall advise Author of this declaration. If Author so desires, and Author shall have the right for thirty (30) days from such notice date to request copies of the electronic files, if any, of The Book and, if Author so desires, to purchase any remaining stock, if any, of The Book at manufacturing cost plus shipping charges. If Author fails to request the electronic files or fails to purchase any remaining stock, Publisher may dispose of any such files, and books without further liability for royalties. If Publisher, in Publisher’s sole discretion, determines that further publication or dissemination of The Book in any format is not in Publisher’s best interest, then Publisher shall have the right to declare The Book as out of print and cancel this Agreement; provided, however, that no such declaration may be made by Publisher earlier than three years following first publication of The Book. A declaration that The Book is out of print will not relieve Publisher of its obligations to pay Royalties owed by Publisher to Author under Section 8. When The Book has been declared out of print, all publishing rights return and copies of the electronic files of The Book shall be returned to Author, or Author’s estate, excluding any outstanding licenses under this Agreement.