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Three Things Not to Do When Negotiating

Many companies enter into contract negotiations inadequately prepared. The article discusses three things to avoid in negotiations: Starting with a contract already prepared, not having a negotiating plan, and not haveng the right number and mix of people on the negotiating team.

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The Contract With a 500-Pound Gorilla

Whatever the size of your company, eventually you will be dealing with a contract with a 500-pound gorilla for the first time – a very large multinational, or just a company that is much larger than your previous clients/ customers. This is a good thing, as it means your business has grown. The problem comes when the gorilla insists that you sign its sales or service document rather than your own.

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6 Elements of Good SOWs

Much of the work I perform for high tech enterprises deals with Statements of Work or Scopes of Work (there may be other names out there as well – I will call them SOWs.) The SOW can be a major stumbling block in a project if it is not properly written. One reason it...

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Strict Data Protection Policies

Large companies are tightening up contractual data protection policies for vendors. I am seeing tough requirements in agreements that one might expect: Limits on the personnel that could access the data Prohibitions around the data’s storage on portable devices...

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Rep Commissions Agreement

An interesting dilemma arose around some new sales rep commission agreements being prepared for a client. It involved long-term commission payments by the client to the reps for making introductions and perhaps helping with the initial sale. The discussion came around...

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Exclusive Agreements: A Discussion

Where exclusive agreements are warranted, care must be taken in how they are created. Exclusivity clauses can be expensive to either party if the relationship is not structured properly. There are several types of agreement where exclusivity comes up. These include...

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