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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.
Liability and Indemnification
Negotiation strategy
Negotiate for a liability cap that aligns with industry standards and includes carve-outs for gross negligence or willful misconduct. Ensure indemnification processes are clearly defined to protect against third-party claims.
Aim to limit liability exposure by proposing a reasonable cap and ensuring exclusions for intentional misconduct. Clarify indemnification obligations to avoid unexpected liabilities.
Essential elements
1
Liability Cap
Maximum financial exposure limit.
2
Indemnification Process
Steps for handling claims.
3
Exclusions
Carve-outs for specific misconduct.
Action framework
ACCEPT
Propose edits when liability caps are too high or exclusions are missing.
EDIT
Reject clauses that lack clear indemnification processes or reasonable liability limits.
ADD
Add language for jurisdiction-specific indemnification requirements.
PRO TIP
Always align liability caps with industry norms and internal risk tolerance levels.
Real-world examples
FAVORABLE
Preferred Liability Clause
"The liability of each party shall be capped at [amount], except in cases of gross negligence or willful misconduct, where no cap shall apply."
NEUTRAL
Standard Liability Clause
"The liability of each party shall be capped at [amount], with standard exclusions."
UNFAVORABLE
Uncapped Liability Clause
"Each party shall be liable for all damages without any cap."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, consider higher liability caps and more comprehensive indemnification to cover potential extensive damages.
Cross-Border Transactions
For cross-border deals, ensure compliance with international indemnification standards and adjust liability caps accordingly.
Regulated Industries
In regulated industries, include specific indemnification clauses to address compliance-related liabilities.
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WEEK 3
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WEEK 4
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