Contract Negotiations: Pitfalls to Avoid

The High Court has ruled in a case that highlights the pitfalls of changing defined terms when varying an agreement. In this case, the parties amended the termination provisions of an outsourcing agreement, including a change to the definition of "expiry date". This had a knock-on effect on other defined terms, which remained unamended, dealing with the handover and exit measures on termination of the agreement.

The decision serves as a reminder for businesses, when varying or negotiating an agreement, to check the effect of any change to a defined term throughout the contract. We have produced the attached checklist that highlights some of the major pitfalls that businesses need to be aware of, and should avoid, during contract negotiations.

For further information, please contact our Business Law Team.

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