7 tips on how to avoid common risk allocation pitfalls in a contract
Hi there, Risk allocation or how you balance the risks each party is willing to assume under a given commercial contract. That's complex stuff! Well, it depends but hopefully these few pointers will help you and your client better determine how to draft some material clauses and maybe serve you as a checklist: 1- Draft Clear and Comprehensive Termination Provision • Ensure that the conditions to termination are adequate and balanced • Clearly define the termination procedures (for example, by including notice requirements). • Set out the effects of termination, for example, those relating to: • tangible and intangible property disposition (for example, confidential information); • transition to a new supplier; or • any termination fees (for convenience-based termination). • Make all termination provisions in the agreement consistent. 2- Include Meaningful Indemnification Procedures