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PLAYBOOK TEMPLATES
Software Development Agreement
A Software Development Agreement governs custom software creation, specifying scope, milestones, and IP ownership. This playbook highlights negotiation on deliverables, acceptance testing, and post-delivery warranties.
Audit & Reporting Rights
Negotiation strategy
Ensure the clause includes comprehensive audit rights, both on-site and remote, and mandates periodic reporting. Insist on transparency regarding subcontractors and corrective actions for any deficiencies.
Negotiate the frequency and scope of audits to be reasonable and mutually agreed upon. Ensure cost allocation is fair, especially if audits reveal compliance issues.
Essential elements
1
Audit Rights
On-site and remote inspections.
2
Reporting Obligations
Periodic compliance and performance reports.
3
Subcontractor Transparency
Disclosure of subcontractor roles.
Action framework
ACCEPT
Propose edits if audit frequency is too restrictive or lacks clarity on scope.
EDIT
Reject if the clause does not allow any audit rights or reporting obligations.
ADD
Add language for corrective actions and cost allocation if missing.
PRO TIP
Ensure the clause is robust enough to enforce compliance and address deficiencies promptly.
Real-world examples
FAVORABLE
Comprehensive Audit Rights
"The Client shall have the right to conduct audits of the Contractor's operations, including on-site inspections and remote audits, to assess compliance with the terms of this Agreement."
NEUTRAL
Limited Audit Frequency
"The frequency and scope of audits shall be mutually agreed upon by the parties."
UNFAVORABLE
Lack of Reporting Obligations
"The Contractor shall provide reports only upon request, without a set schedule."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, increase the frequency of audits and reporting to ensure compliance and mitigate risks.
Small-Scale Contracts
For smaller contracts, simplify audit requirements but maintain essential reporting obligations.
International Agreements
Consider local laws and regulations when defining audit rights and reporting obligations in international agreements.
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WEEK 3
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WEEK 4
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