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PLAYBOOK TEMPLATES
Joint Defense & Common Interest Agreement
A Joint Defense & Common Interest Agreement protects privileged communications among aligned parties in litigation. This playbook provides guidance on scope, waiver risks, and confidentiality obligations.
Table of Contents
Payment Terms & Milestones
Negotiation strategy
Negotiate for a payment schedule that aligns with your cash flow needs. Ensure that milestones are clearly defined and achievable to avoid delays in payment. Consider including interest on late payments to incentivize timely payments.
Ensure that the payment terms provide sufficient cash flow to support project execution. Advocate for clear milestone definitions and verification processes to secure timely payments. Consider requesting escrow arrangements for added security.
Essential elements
1
Payment Schedule
Defines timing and amounts of payments.
2
Interest on Late Payments
Specifies penalties for late payments.
3
Escrow and Holdbacks
Secures funds until conditions met.
Action framework
ACCEPT
Propose edits if payment terms are unclear or do not align with project milestones.
EDIT
Reject if terms expose you to undue financial risk or lack clarity.
ADD
Add clauses for interest on late payments or escrow if not present.
PRO TIP
Always ensure that payment terms are tied to clearly defined and verifiable milestones to avoid disputes.
Example clauses
FAVORABLE
Preferred Payment Schedule
"The Buyer shall make payments to the Seller according to the following schedule: (i) 20% of the total purchase price upon execution of this Agreement; (ii) 30% upon completion of the first milestone as defined in Exhibit A; (iii) 30% upon completion of the second milestone as defined in Exhibit A; and (iv) the remaining 20% upon final delivery and acceptance of the goods/services. Each payment shall be made within ten (10) business days of the corresponding milestone completion and verification by the Buyer."
NEUTRAL
Standard Payment Terms
"Payments shall be made in accordance with the agreed schedule, subject to verification of milestone completion."
UNFAVORABLE
Ambiguous Payment Terms
"Payments will be made as agreed upon, with no specific schedule or conditions outlined."
Fallbacks
High-Risk Projects
In high-risk projects, consider more frequent payment intervals and higher escrow percentages to mitigate financial exposure.
International Transactions
For international deals, ensure currency exchange rates and tax implications are clearly addressed to avoid unexpected costs.
Long-Term Contracts
In long-term contracts, include provisions for periodic review and adjustment of payment terms to reflect changes in project scope or market conditions.
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Contract Playbook Templates
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WEEK 2
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WEEK 3
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WEEK 4
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.