Contract Negotiation

RISK > ECONOMICS > DELIVERABLES

Negotiation is a mix of leverage and substance.  Every Agreement is a balance of risk, money and who performs what for the other.  Do you have the leverage?

Most businesses require an agreement signed to get paid.

  1. Does Risk Matter? Are you Microsoft? Unlikely.  Microsoft takes almost no risk because it limits all liability.
  2. Do you indemnify your customer, shareholder for any claim? Does it matter if your customer, partner, investor has no liability to you if the agreement does not work out?
  3. Is your product based on licensed IP or do you develop your own IP?
  4. Are you being compensated fairly? Sufficiently?
  5. Is your deliverable accepted on delivery?

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