5
PLAYBOOK TEMPLATES
Medical Equipment Lease Purchase Agreement
A Medical Equipment Lease & Purchase Agreement governs acquisition or leasing of medical devices and technology. This playbook addresses maintenance, warranties, and ownership transfer terms.
Confidentiality Provisions
Negotiation strategy
Ensure the confidentiality clause includes specific language protecting patient data and proprietary methods. Advocate for a clear definition of confidential information and a reasonable duration for confidentiality obligations.
Negotiate for flexibility in permitted disclosures, especially for subcontractors and agents. Ensure the confidentiality obligations are not overly burdensome and align with industry standards.
Essential elements
1
Confidential Information Definition
Defines what is considered confidential.
2
Permitted Disclosures
Lists exceptions to confidentiality.
3
Duration of Obligation
Specifies how long confidentiality lasts.
Action framework
ACCEPT
Propose edits if the clause lacks a clear definition of confidential information or reasonable duration.
EDIT
Reject if the clause allows unrestricted third-party disclosures.
ADD
Add language to ensure compliance with jurisdiction-specific privacy laws.
PRO TIP
Always align confidentiality provisions with applicable privacy laws like GDPR or HIPAA.
Real-world examples
FAVORABLE
Preferred Clause
"The Receiving Party shall protect the confidentiality of the Disclosing Party's Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event less than a reasonable degree of care."
NEUTRAL
Fallback Clause
"Confidential Information may be disclosed to employees, agents, or subcontractors who need to know such information for the purposes of this Agreement, provided they are bound by confidentiality obligations no less stringent than those contained herein."
UNFAVORABLE
Unfavorable Clause
"Confidential Information may be disclosed to any third party without restriction."
Alternative scenarios & positions
High-Sensitivity Data
In scenarios involving high-sensitivity data, such as patient records, ensure the clause includes enhanced security measures and stricter access controls.
Cross-Border Transactions
For cross-border transactions, include provisions that address data transfer regulations and international privacy laws.
Third-Party Vendors
When third-party vendors are involved, ensure the clause mandates that they adhere to equivalent confidentiality obligations.
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WEEK 3
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