Should Confidentiality Contracts Survive Forever? With all the outsized press lately about zombies (even The Washington Post covered the “zombie apocalypse”), you’d think people are obsessed with survival. Similarly, in the contracts world attorneys also stridently debate survival, often with such single-minded focus that you might think of them as “zombie lawyers.” Catch this great [...]
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Constantinople, Not Istanbul? How to Take on a Tough Limitation of Liability Negotiator SIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! You might be a huge fan of the famous song, “Istanbul Not Constantinople”. Believe it or not, the song inspired me to take “History of the Ottoman Empire” in college. During the course, my [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! PART 2: HARD CAP – HOW TO NEGOTIATE CAPPED LIABILITY LIMITS (Read “Part 1: Consequential Damages Limitation of Liability Clause“) Imagine yourself facing a significant lawsuit from a disgruntled former customer asking you to pay out damages well in excess of the compensation you rightfully received. Wouldn’t [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! PART 1: CONSEQUENTIAL DAMAGES – HOW TO NEGOTIATE LIABILITY LIMITS (Read “Part 2: Hard Cap Limitation of Liability Clauses“) A limitation of liability clause is one of the most commonly negotiated clauses in the world of contracts. Basically, people fear the possibility of a future dispute, so [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! I recently traveled to Bankgok, Thailand, and saw this funny sign at one of the main tourist sites (Wat Po, in front of the famous giant reclining Buddha). I think it’s safe to assume that the Thai authorities do not want anyone to suffer at the hands [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! Recently a contract negotiation expert asked me, how do you convince the person you are negotiating with why you should be able to limit the scope of the indemnify definition? We previously explained indemnification (where the parties are worried about who will be responsible for third party [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! Sample hold harmless clauses typically cover the concept of indemnification, where the parties are worried about who will be responsible for third party lawsuits. For instance, what if a software vendor steals some of its code from a competitor, and the competitor then sues the vendor’s customer? [...]
Read MoreSIGN UP FOR FREE EMAIL CONTRACT TIPS HERE! Indemnification clauses mystify you? Negotiating a contract of indemnity? Check out our latest video on the indemnification contract clause for goods and services contracts and learn how to write a contract regarding an indemnify definition now. Today we are going to cover how to draft a contract [...]
Read MoreRisk of Loss. Today we are going to cover how to draft a clause explaining ownership, title and risk of loss. This kind of contract clause is handy because it lets you control the point that the seller switches responsibility for goods sold to the buyer. This way, you can manage loss prevention in risk [...]
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