6
PLAYBOOK TEMPLATES
Cloud Services Agreement
A Cloud Services Agreement defines the legal and operational framework for cloud infrastructure or platform usage. This playbook outlines negotiation of service levels, data handling, and termination assistance provisions.
Liability & Indemnification
Negotiation strategy
Negotiate for a cap on liability that reflects the potential risks involved. Ensure indemnification clauses cover third-party claims and breaches by the Contractor.
Aim to limit liability exposure by negotiating a reasonable cap. Ensure indemnification obligations are not overly broad and are limited to direct damages.
Essential elements
1
Limitation of Liability
Caps on financial exposure.
2
Indemnification
Protection against third-party claims.
3
Cap on Damages
Maximum liability limit.
Action framework
ACCEPT
Propose edits if liability caps are absent or too high.
EDIT
Reject clauses that expose the company to unlimited liability.
ADD
Add indemnification clauses if missing.
PRO TIP
Always ensure liability caps are enforceable and reflect the actual risk involved.
Real-world examples
FAVORABLE
Balanced Liability Cap
"The total aggregate liability of either party arising out of or related to this Agreement shall not exceed the amounts paid or payable by the Client under this Agreement during the twelve (12) months preceding the event giving rise to the claim."
NEUTRAL
Standard Indemnification
"Each party shall indemnify the other from third-party claims arising from their own negligence."
UNFAVORABLE
Unlimited Liability Exposure
"Neither party shall have any cap on liability for any claims arising under this Agreement."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, consider increasing liability caps to reflect the potential for greater damages.
Cross-Border Transactions
Ensure indemnification clauses comply with international laws and address currency fluctuations.
Technology Contracts
Include specific indemnities for intellectual property infringement in technology agreements.
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WEEK 1
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Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
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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