A Medical Equipment Lease & Purchase Agreement governs acquisition or leasing of medical devices and technology. This playbook addresses maintenance, warranties, and ownership transfer terms.
Why This Matters: Ensures business continuity, minimizes operational disruption, and protects against locked-in commitments.
Negotiation strategy
If you're the Healthcare Provider:
Negotiate clear termination clauses to ensure flexibility and minimize disruption. Include specific notice periods and transition assistance obligations.
If you're the Lessee:
Ensure termination clauses are fair and provide adequate time for transition. Negotiate for reasonable termination fees to cover costs.
Essential elements
1
Termination for Cause
Rights to terminate for breach.
2
Termination for Convenience
Rights to terminate without cause.
3
Transition Assistance
Support during contract wind-down.
Action framework
ACCEPT
Propose edits if termination clauses lack clarity or completeness.
EDIT
Reject clauses that impose unreasonable penalties or lack transition support.
ADD
Add clauses if termination rights are undefined or insufficient.
PRO TIP
Always ensure termination clauses align with business continuity plans.
Example clauses
FAVORABLE
Preferred Termination Clause
"Either party may terminate this agreement for cause with a 30-day written notice, specifying the breach and allowing for cure. Upon termination, the parties shall cooperate to ensure a smooth transition and wind-down of operations."
NEUTRAL
Fallback Termination Clause
"Termination for convenience requires a 60-day notice and payment of a termination fee to cover transition costs."
UNFAVORABLE
Unclear Termination Clause
"Termination may occur at any time without notice or defined obligations."
Fallbacks
High-Risk Projects
In high-risk projects, ensure termination clauses include detailed risk mitigation and transition plans to protect both parties.
Long-Term Contracts
For long-term contracts, include periodic review clauses to reassess termination terms and ensure ongoing alignment with business goals.
Cross-Border Agreements
In cross-border agreements, ensure termination clauses comply with all relevant jurisdictions to avoid legal complications.
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