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Reviewing Contract Key Terms and Conditions


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This 2-day program teaches legal counsels and non-legal professionals how to effectively review, analyse, draft, and re-draft key contract terms and conditions; how to eliminate ambiguities and avoid the risks of misunderstandings and conflicts; how to deconstruct complex contract clauses and extract the core business elements. Originally presented by Eric R. Pesik at Clariden Global Leadership Institute Executive Education

Published in: Law

Reviewing Contract Key Terms and Conditions

  1. 1. Reviewing Contract Key Terms and Conditions: Improving Contract Terms, Mitigating Risks, and Eliminating Ambiguities
  2. 2. Contract Lifecycle
  3. 3. Understanding Contract English
  4. 4. Uncertainty in Contract Language
  5. 5. Low Risk vs High Risk Contract Layout
  6. 6. Reviewing Core Commercial Terms
  7. 7. Identifying Sources of Risk
  8. 8. Breach of Contract
  9. 9. Day 1 Review and Recap
  10. 10. Day 2 Agenda
  11. 11. Contract Remedies
  12. 12. Risk Allocation and Mitigation
  13. 13. Anticipating Changes
  14. 14. Other Risk Transfer Strategies
  15. 15. The “Reasonable Efforts” Standard
  16. 16. Materiality and “Material Adverse Changes”
  17. 17. General Conventions
  18. 18. Day 2 Review and Recap
  19. 19. Further Reading • A Manual of Style for Contract Drafting, Ken Adams • Adams on Contract Drafting Blog, Ken Adams • Black's Law Dictionary, Bryan A. Garner • Advanced Legal Drafting, Bryan A. Garner, LawProse • HBR Guide to Better Business Writing, Bryan A. Garner, Harvard Business Review Press • English Law of Liquidated Damages and Penalty, Lexology • Principles of Contract Interpretation: Interpreting Collective Bargaining Agreements, Jay E. Grenig, Marquette University Law School • A Guide to Contract Interpretation, Vincent R. Martorana, Reed Smith • Good Practice in Writing Contracts, CIPS Knowledge Works • Ten Pitfalls to Avoid In Contracting, International Association for Contract & Commercial Management • Drafting or Reviewing a Commercial Contract, Practical Law • General Contract Drafting Principles, WeAgree • Legal Writing 201, 30 Suggestions to Improve Readability or How to Write for Judges, not like Judges, Judge Mark P. Painter, Ohio First District Court of Appeals
  20. 20. Image Acknowledgements • Agree By Aneeque Ahmed • Analytics By Lil Squid, US • Analytics Page By, US documents/?oq=page&cidx=3&i=326619 • Arrows By Eric Miller, US • Assignment By, US documents/?oq=page&cidx=3&i=326469 • Audit By Delwar Hossain, BD • Book By Rockicon, ID • Bullet List Page By, US documents/?oq=page&cidx=3&i=326440 • Business Law By Delwar Hossain, BD • Businessman Run By Hea Poh Lin, MY • Certificate By Sandra Mills • Change Orientation By Oliviu Stoian, RO • Check Mark Page By, US documents/?oq=page&cidx=3&i=326447 • Checked File By JohnnyZi • Clock By Giovanny, RU • Columns Page By, US documents/?oq=page&cidx=3&i=326457 • Commerce Document By hans draiman • Compression By Magicon, HU • Confused By Jhun Capaya, PH • Contract By Gregor Cresnar • Cycle Channel By Jenie Tomboc, PH • Danger Sign By icongeek, IN • Decision Making By Aneeque Ahmed • Delete Button By Samy Menai, FR • Delete By Huu Nguyen • Delete Fork By Dmitry Baranovskiy, AU • Delivery By Gregor Cresnar • Development By Gregor Cresnar • Diploma By Danil Polshin, RU • Diploma By Danil Polshin, RU • Diploma By Danil Polshin, RU • Disagree By Aneeque Ahmed • Discussion By Gregor Cresnar • Document By Alexander Skowalsky, HU • Document By, US documents/?oq=page&cidx=3&i=326470 • Document By Arthur Shlain, IL • Earthquake By Hayashi Fumihiro, JP • Exchange By Kirby Wu, TW • Explosion By Gan Khoon Lay • Fork By Dmitry Baranovskiy, AU • Gavel By Vectors Market • Group Defense By icon 54 • Group Insurance By Delwar Hossain, BD • Hashtag Page By, US documents/?oq=page&cidx=3&i=326465 • Infinity By Alice Noir • Integration By Gregor Cresnar • Investment By Gregor Cresnar • Investment By Gregor Cresnar • Join By Dmitry Baranovskiy, AU • Man Working By Hea Poh Lin, MY • Mediation By Gilbert Bages, ES • Meeting By Creative Stall, PK • Money By Gregor Cresnar • Number Two By, US documents/?oq=page&cidx=3&i=326487 • Online Shopping By Gregor Cresnar • Optimize By Aneeque Ahmed • Overseas Shipping By Ervin Bolat • Payment Options By Gregor Cresnar • Prescription By Theo K., GR • Price Tag By Gregor Cresnar • Question By Lluisa Iborra, ES • Questions By Gregor Cresnar • Receipt By Lil Squid, US • Reception By Gregor Cresnar • Refresh By Amos • Regress By Creative Stall, PK • Security Breach By Adriana Danaila • Settings By Lil Squid, US • Shrink By Eric Miller, US • Shrug By Diana Chaytor, CA • Shuffle By Dmitry Baranovskiy, AU • Signing Signature By Jianshi Wu, NY • Spiral Arrow By Federico Panzano, IT • Strategy By Aneeque Ahmed • Tasks By Aneeque Ahmed • Tearing By Luis Prado, US • Time Out By Luis Prado, US • Trading By Gregor Cresnar • User Comment By To Uyen • User Page By, US • Warning Page By, US • Work In Progress By Gleb Khorunzhiy, RU • Worker By Gregor Cresnar • Worker By Rafael Empinotti, BR