Negotiating Terms and Conditions

Anyone who has negotiated terms and conditions for a Government subcontract knows that it is a challenging process. The negotiation of terms and conditions is different with every transaction, and requires the negotiator to build a library of knowledge to navigate this complex territory. The first two steps in building this library are to understand what is at stake in each case and to know what your negotiating limits are before beginning the process.

This new PCI program, “Negotiating Terms and Conditions,” will take a critical look at the terms and conditions that one can expect to be negotiated, why they are important, how they are affected by flowdown requirements, and what you can expect the issues to be. There is no perfect clause, and every transaction stands on its own, but this program will enable you to gain the knowledge and confidence you will need to protect your organization.

Covered Clauses:
– Payment
– Acceptance of Supplies or Services
– Limitation of Liability
– Changes
– Force Majeur
– Governing Law
– Key Personnel
– Liquidated Damages
– Termination for Convenience
– Termination for Cause
– Warranty
– Indemnification
– Insurance
– Rights in Data
– Shipping Terms
– Disputes
– Flowdown Strategies

Instructors: Daniel Kelly, McCarter & English