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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.
Compliance & Regulatory Obligations
Negotiation strategy
Ensure all compliance requirements are clearly outlined and agreed upon. Regularly review and update internal policies to align with contractual obligations.
Negotiate for reasonable compliance timelines and responsibilities. Seek clarity on audit processes and potential liabilities.
Essential elements
1
Compliance with Laws
Adherence to applicable laws.
2
Ongoing Compliance
Maintain certifications and updates.
3
Compliance Audits
Verification of compliance adherence.
Action framework
ACCEPT
Propose edits when specific regulations are missing or unclear.
EDIT
Reject if compliance responsibilities are unfairly allocated.
ADD
Add language for new regulatory requirements.
PRO TIP
Regularly update compliance clauses to reflect changes in laws and industry standards.
Real-world examples
FAVORABLE
Preferred Compliance Clause
"The Parties shall comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of their obligations under this Agreement, including but not limited to industry-specific regulations, export controls, anti-corruption laws, and cybersecurity standards."
NEUTRAL
Regulatory Updates
"Each Party shall promptly notify the other of any changes in applicable laws or regulations that may affect the performance of their obligations under this Agreement."
UNFAVORABLE
Lack of Audit Rights
"The Parties shall not conduct audits to verify compliance with applicable laws and regulations."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure compliance clauses are more stringent and include specific audit rights and penalties for non-compliance.
International Contracts
For international contracts, include clauses addressing cross-border regulations and international compliance standards.
Technology Agreements
In technology agreements, emphasize cybersecurity standards and data protection regulations.
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WEEK 2
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WEEK 3
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WEEK 4
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