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Agreement Payment Terms

Are you concerned about when you get paid for your product or services? You should be, as the payment terms affect the profitability of the transaction. The longer the period between the sale and when you get paid, the more

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Work Stoppage and Delay Fees

What are work stoppage and delay fees? Assume you are a service provider and you are taking videos of clients’ products for their websites. You have camera people, production staff, voice over talent and other staff all ready for the

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Contract Termination For Convenience

Termination for convenience is like having the other side pick up their football and go home. If you are the seller or service provider, a unilateral termination for convenience can bring a lucrative arrangement to a sudden halt. Assume you

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Exclusive Contracts – The Plus Side

Sometimes a buyer or seller can benefit from an exclusive contract. This is true for product and service agreements alike. The former are covered here. Here are some examples where exclusivity is of value to the seller: High Development or

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Electronic Health Record (EHR) Contracts

The contracts to obtain Electronic Health Records (EHR) systems are just as difficult to understand as any other large software system deployment agreement. The deployment of EHRs is mandated, and medical practices of all sizes are implementing systems. Others are

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High-Tech Nondisclosure Agreements

High-Tech nondisclosure agreements present unique difficulties to the high-tech enterprise. Its intellectual property rights are its greatest asset. Consider: 1. Some large companies will place language in the nondisclosure agreement (NDA) that claims ownership of any intellectual property produced by

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Drafting Commercial Contracts: The Problem

Too many companies drafting commercial contracts focus solely on the legal necessities, “winning” the negotiation and covering all of the possible risks. None of the above are bad things, though achieving all of them is unlikely in a fair transaction.

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The International Sales Agreement – Some Differences

Negotiating an international sales agreement requires additional care and work to be accomplished successfully. The foreign sales agreement, even if no strategic alliance is created, will be based on a different level of trust and personal comfort than a domestic

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The Escalation Procedure

An escalation procedure commits people on both sides of a contract dispute to meet and attempt to resolve it without costly arbitration or litigation. Here is how this procedure might work, using a service agreement as an example: First, the

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If the Nondisclosure Was a Hassle, Wait Until the Definitive Agreement

If you have trouble negotiating the nondisclosure agreement, you will have equal or greater difficulty achieving the definitive agreement(s). When a mutual NDA was sent to my client, the other company was well-protected while the definition of my client’s confidential

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