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Termination rights are a crucial and frequently negotiated aspect of complex commercial agreements.
When an organization is contemplating a large commercial agreement or outsourcing arrangement covering global operations across multiple service locations, subsidiaries, or affiliates, it should consider the advantages and potential pitfalls of using a single global agreement versus local (or “site-specific”) agreements to govern the transaction.
Non-disclosure agreements or “NDAs” are often the first contract entered into by parties desiring to do business together, but it is important not to rush to sign a form NDA just to get the conversation started.
When entering into IT agreements with vendors, it is important to understand the type of agreement being negotiated, the services being provided, and who will be using the services within your organization.
When our clients are customers under "services" agreements, internal operational and procurement stakeholders shift their focus from service delivery management to vendor management.
In our last Contract Corner, we discussed the general purposes, issues, and limitations of non-solicitation provisions.
Nonsolicitation provisions, which prohibit a party from soliciting another party’s employees, are a common feature in a variety of commercial contracts and employment agreements.
We recently discussed the enforceability and exclusion of different types of damages in contractual limitation-of-liability provisions.
We recently discussed the structure and enforceability of limitation-of-liability provisions.
Throughout the contract drafting and negotiation process, the parties allocate responsibility and risk for certain issues and circumstances that may arise.