9
PLAYBOOK TEMPLATES
Service Level Agreement (SLA)
An SLA establishes measurable service performance standards between provider and customer. This playbook explains methods to draft enforceable metrics, remedies for non-performance, and escalation procedures.
Confidentiality & NDA Obligations
Negotiation strategy
Ensure that the confidentiality obligations are reciprocal and not overly burdensome. Negotiate clear exceptions and a reasonable duration for the obligations.
Focus on obtaining clear definitions of confidential information and ensure exceptions are reasonable. Advocate for a balanced approach to the duration and scope of obligations.
Essential elements
1
Confidentiality Obligations
Mutual protection of information.
2
Exceptions to Confidentiality
Defines non-confidential information.
3
Duration of Obligations
Timeframe for confidentiality terms.
Action framework
ACCEPT
Propose edits if the clause lacks clear exceptions or a reasonable duration.
EDIT
Reject if the obligations are overly burdensome or one-sided.
ADD
Add language if the clause is missing key elements like exceptions or duration.
PRO TIP
Ensure the clause includes a definition of 'confidential information' and the standard of care for protection.
Real-world examples
FAVORABLE
Preferred Confidentiality Clause
"Each party agrees to maintain the confidentiality of all proprietary and sensitive information exchanged during the course of their relationship."
NEUTRAL
Exceptions to Confidentiality
"Confidential information shall not include information that: (a) is or becomes publicly available through no fault of the receiving party."
UNFAVORABLE
Proper Handling of Confidential Data
"Each party shall ensure that its employees, agents, and contractors who have access to the other party's confidential information are bound by confidentiality obligations at least as restrictive as those contained herein."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, confidentiality obligations may need to be more stringent, with additional security measures and shorter review periods.
Cross-Border Transactions
Cross-border transactions may require adjustments to comply with international data protection laws and standards.
Mergers and Acquisitions
During M&A, confidentiality clauses should address the sharing of sensitive financial and strategic information with potential buyers.
Access all other DocJuris Playbooks
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WEEK 1
CLM Readiness and Design
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WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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