Backdating a Contract
We are currently in Contract extension negotiations with our Customer. The existing IT Outsource Contract expires at the end of June 2019, but the Customer wants to extend a Contract "on new service terms and charging model". This we have just commercially agreed and are now in MSA and Schedule drafting and negotiating mode. However, as part of the deal to extend for 3 years the Customer has stipulated that the new contract and charging mechanism is to start from 1st September 2018. It will take 6 weeks to complete the drafting and negotiations to signature stage, so I would like to ask if anyone has experienced "backdating" a contract at signature stage? There are obvious considerations around liabilities and risk of accepting service terms that are better than being delivered at present. What caveats should I add into contract to protect us?