the Encyclopedia of Neurological Sciences 2nd

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CONTRIBUTOR AGREEMENT

ELSEVIER Inc, with offices at 525 B Street, Suite 1800, San Diego, CA 92101, USA (the “Publisher”) has invited Mark Obermann at [email protected] (the “Contributor”) to write and prepare a chapter of approximately 3000 words provisionally titled MS.1100 Hypnic Headache (the “Contribution”) to be included in the work Encyclopedia of Neurological Sciences 2nd edition (the “Work”) edited by Michael J. Aminoff and Robert B. Daroff (the “Editor”). The Contribution and the Work are described in more detail in the Annex 1, (the “Aims and Scope”), and below.

1. Manuscript The Contributor shall deliver a complete and final manuscript, in appropriate form, as noted on and according to the Aims and Scope and the Instructions to Authors, no later than 08-Jul-2012 (the “Submission Date”). The Contributor will correct and return all proofs to the Publisher within 1 (one) week of receipt. The Contributor shall make no changes to the proofs, including changes to illustrations, other than correcting typographical errors or making changes requested by the Publisher. In the event that the Contributor is unable promptly to correct and return proofs, the Editor or the Publisher may make the corrections they deem necessary and the Work may be published without benefit of contributor corrections. If the Contribution incorporates any material from third parties, the Contributor shall procure, at its expense, prior to the Submission Date, permission in writing from each copyright holder of such material to use and reprint in any media such material in the Contribution and the Work including revisions, derivatives and ancillaries. If such permissions are not obtained in a timely manner or in satisfactory form, the Contributor will identify substitute references and revise the Contribution accordingly, and the Contributor will obtain the requisite substitute permissions. All previously published material shall be fully acknowledged. Any fees charged for permissions will not be met by the Publisher unless the Publisher has given its prior written approval to the Contributor to procure such permission, and unless the Contributor has contacted the Publisher to obtain its approval within a reasonable time before the Submission Date. If the Contributor wishes to appoint other contributors (the “Co-Contributors”) to assist in performing his/her obligations under this Agreement with respect to the Contribution, then he/she may do so provided that the Publisher has given its prior written approval for the appointment of such CoContributors. Notwithstanding the possible appointment of any such Co-Contributors, final responsibility for delivery of the completed Contribution to the Publisher by the Submission Date and in accordance with this Agreement shall remain at all times with the Contributor. If the Contributor fails to deliver the completed manuscript by the Submission Date, and in accordance with the Aims and Scope and the Instructions for Authors, the Publisher may terminate this Agreement. Should the manuscript (or parts thereof) for any reasons whatsoever be deemed by the Publisher or the Editor as unsuitable for publication, then the Publisher may in its discretion either (a) return to the Contributor the manuscript together with requests for revisions to be made; or (b) terminate this Agreement. If requested to make revisions, the Contributor shall deliver the manuscript to the address Encyclopedia of Neurological Sciences 2nd edition MS. 1100

noted in the letter concerning revisions within 2 (two) weeks of the date of such notice in conformity with the requested corrections. If the Publisher does not subsequently receive the corrected manuscript or if the Contributor indicates that he or she does not wish or is unable to make such revisions or if the revisions are unsatisfactory in the opinion of the Publisher or the Editor, the Publisher may either terminate this Agreement or make further revisions as it deems necessary. The Publisher and the Editor may also decide to include other illustrative material or to substitute for material submitted by the Contributor in their discretion. After receipt of the manuscript the Publisher will take reasonable care but shall not be held liable for accidental loss or damage thereof while the same is in the course of production. The Contributor shall retain a complete copy of the manuscript and all other material supplied to the Publisher.

2. Payment Upon publication by the Publisher of the Work, the Publisher will pay the Contributor the amount of $ 150. [If the Contributor comprises more than one person, this fee shall be paid to the first-named Contributor in full for the Contributor to divide among the co-Contributors. The Publisher operates a self-billing system for payments which attract Value Added Tax ("VAT"). Where applicable, the Contributor agrees: (i) to provide to the Publisher on signature of this Agreement the Contributor’s VAT registration number ("the VAT number") (ii) not itself to raise self-bill VAT invoices (iii) to notify the Publisher immediately of any changes to the VAT number or if the Contributor ceases to be VAT registered or transfers his business as a going concern. If the Contributor does not supply a VAT number, the Publisher shall not pay VAT on any sums due hereunder unless the Contributor issues a valid VAT invoice to the Publisher. The Publisher shall provide an electronic offprint of the Contribution in PDF format to the Contributor. If there are multiple co-Contributors, the electronic offprint shall be sent to the firstnamed Contributor The Contributor will be entitled to a ten 10 percent (10%) discount on copies of the Work. The Publisher also agrees to sell to the Contributor, for personal use and not for resale, other books published in print form by the Publisher at a discount of twenty five percent (25%) off the retail price, excluding Major Reference Works which will be charged at ten (10%) off the retail price.

3. Rights The Contributor hereby grants, transfers and assigns to the Publisher to the maximum extent possible each and every right in and to the Contribution and any revision throughout the world for any media (including electronic media such as optical or magnetic media) to sell, license and otherwise distribute the Contribution or any part of the Contribution, for the full term of copyright, including, without limitation, the copyright therein. The Contributor acknowledges that any work made by the Contributor shall have been made as a contribution to a collective work. This exclusive grant of rights means that the Contributor has no independent right to assign or license the Contribution in whole or in part to third parties or to directly exploit the Contribution. In the event the Contributor wishes to utilize material contained in the Contribution in the Contributor’s other works or presentations, the Contributor shall request permission from the Publisher, which permission shall not be unreasonably withheld for proposed uses that do not materially interfere with the rights granted to the Publisher hereunder. Notwithstanding for foregoing, the Contributor shall be entitled to use the material contained in the Contribution without obtaining the Publisher’s permission in preparing articles for publication in scholarly or professional journals, in contributions to symposia, in a single chapter in a Encyclopedia of Neurological Sciences 2nd edition MS. 1100

book, for the Contributor’s classroom lectures (and may use and make copies of excerpts up to ten percent (10%) of the Contribution for this purpose), and for presentations or lectures at professional meetings, and may place a summary of the Contribution online, provided that the Publisher and the Work are appropriately identified. The Contributor understands and agrees that the Publisher may, but is under no obligation to use its services in any subsequent edition of the Work and the Publisher may use all or any of the Contribution, including in any such editions, derivatives and ancillaries, without additional compensation than expressly provided in this Agreement, and the Publisher shall give credit to the Contributor in such manner which, in the judgment of the Publisher, fairly reflects the contribution to the new work.

4. Publication The Publisher shall determine all aspects of the publication schedule, production and distribution in its sole discretion, in such form, style, manner and quantity, and at such price as the Publisher shall deem appropriate.

5. Assignment As personal services are of the essence for this Agreement, the Contributor may not assign this Agreement without the prior written consent of the Publisher. However the Publisher may assign this Agreement without the consent of the Contributor.

6. Authorship Warranties The Contributor warrants that the Contribution will be original and previously unpublished except for third party material that is either public domain or for which appropriate permission has been obtained, is not subject to any prior lien, encumbrance or agreement, and the Contribution will not contain any material that violates any copyright, personal, proprietary or other right, or any instruction or other material harmful to the user or otherwise actionable. If noted on Annex 1, the Contributor provides further warranties with respect to warnings, precautions and disclaimers. Where the Contribution is prepared jointly with other contributors, the Contributor warrants that all co-contributors are fully informed of the terms of this Agreement and that he/she is signing on their behalf, and the Contributor represents that he/she is authorised to do so.

7. Promotion and Publicity The Contributor authorizes use of his or her name, image, likeness and biography (including professional affiliations) for purposes of advertising, promoting and publicizing the Work and all editions, derivatives and ancillaries.

8. Governing Law This Agreement shall be treated as though executed within New York, shall be governed and interpreted according to the laws of New Yorkand the parties irrevocably submit to the jurisdiction of the courts of New York.

Encyclopedia of Neurological Sciences 2nd edition MS. 1100

IN WITNESS WHEREOF the parties have duly executed this Agreement this [___] 7 day of February [____________], 201___. 2

Mark Obermann

Elsevier Inc

By:_________________ [S.S. Number: ____________________]

PLEASE RETURN TO: Major Reference Works Elsevier The Boulevard Langford Lane Kidlington Oxford, OX5 1GB Fax: +44 (0) 1865 843974

Encyclopedia of Neurological Sciences 2nd edition MS. 1100

By:____________________ Name: Bob Donaldson Title: Publishing Services Manager,

Annex 1 Warranties, Precautions & Disclaimers [The Contribution includes appropriate warnings concerning advice or instructions with respect to the risk in following general advice without obtaining direct independent research with respect to financial investments.] [The Contribution includes appropriate warnings concerning any particular hazards that may be involved in carrying out any of the procedures described in the Contribution or involved in the use of instructions, materials or formulas in the Contribution and, to the best of the Author’s knowledge, no information, formula or procedure (including drug dosage) in the Contribution is inaccurate and the material contained in the Contribution would not cause injury if accurately used or followed.]

Encyclopedia of Neurological Sciences 2nd edition MS. 1100