Hi

Would anyone be happy to have a discussion with me, or give me some pointers on managing a JV where you are both a customer, supplier and a shareholder?

It would be good to understand how other companies navigate this tricky relationship and if there is any IACCM best practice I should adhere too? I have different contract managers who are responsible for the customer and supplier side to eliminate any conflict of interest, but the whole governance is so much more complex than a straight commercial arrangement. Therefore, if anyone has any experience or observations they would be happy to share, I would really appreciate your help.

Kind Regards

Jan

I manage a suite of Community based leased facilities - all of the leases are based on an annual token fee of $1. This fee has, to date, never been actually invoiced and paid. My question is would I run into any trouble if the lease was ever contested in court and it identified that there was never any financial transaction to bind the agreement. Wondering if something like promissory estoppel would step in to counteract this fact.

Hi All,

As the first cycle of Modern Slavery Act reporting for Australian companies is coming soon. Although this is only valid for the companies total revenue of at least $100 Million per annum. Anyone started the preparation or started to learn about the process?

Regards,
Gaurav Seth

I am trying to gather information as to how other companies assign contract reviews to their legal/contract teams? Do you assign sequentially? Do you have one person assigning reviews to a group? If so, how do you make the distinction as to who should get what to review? Are the other factors involved in assigning?(e.g. tenure/experience; type of contract; length of contract) How do you keep "balance" amongst the work load?

We are an IT service provider.I am researching on best way to provide reasonable assurance top management on Compliance status against Contract terms.
This requires us to check if all Obligations,Milestones,Commitments etc are being met both at our end and any commitments from customer as promised in contract. Idea is to identify and fix deviations from contract terms , Reduce revenue leakage or Cost/Scope creeps. My strategy is (a) Review contracts before signing and call out Important terms to stakeholders (b) Assist proper handover of contract from Sales to Operations teams identify Owners to terms (c)Conduct Compliance Audits on Key accounts to assess compliance (d) Share lessons learnt back to Sales/Operations etc. (e) Use Self assessments by Operations where we can't reach them due to bandwidth issues
Any Suggestions on how this can be made better ?

I am interested in perspectives on various issues and contracting approaches for the use of cloud services, particularly from niche providers who may, in-turn, actually have their applications hosted on a third-party provider like Microsoft, Amazon, Rackspace, etc. I'm looking for perspectives on the entire gambit of issues, including - protection measures used for data at-rest and in-transit; protection of video and images; right of return of all data upon request of customer; obligations of the supplier to delete data when no longer needed (either during the course of performing the services or upon termination of the services and return of the data to the customer); background checks on employees who may have access to the data; monitoring of access by all supplier personnel; business terms like fluctuations in the use of the service (bandwidth, storage space, processing capabilities); right to move the data to different locations in the same country; right to move data to a different country for processing and/or storage; obligations to notify in the case of suspected or actual breach/compromise of data.

Does anyone have any model contract language covering anti bribery and corruption for a UK entity/Indian entity contract? Recognising legal jurisdiction for both entities? Any suggestions gratefully received.

Love the tactical tips. Very helpful.

To add to the bullet point "rules for change tracking / comment use", only one version of the trackable (redline) document should be used between the parties to capture all edits and comments.

Sometimes edits come in a different version than what was initiated or they are received via email. Having everything in one place makes the review process easy.

Happy Thursday Everyone! Hope you are all doing well. Hoping to receive some guidance and speaking points on a request I recieved from my sales folks.

We completed a large portion of a project w/ Company X that later went bankrupt. We had a sales contract w/ Company X for the overall project. We received payment for the portion that was completed. Now the principles formed a new company and want us to complete the remainder of the project. However, the new company (& unfortunately, our owns sales team) is trying to pursue using the voided sales contract for the remainder of the remainder of the project to be completed. Basically, just change the name from Company X to "New Company".

I have few basics reasons why that is something we should NOT do. For example, the contract is legally void b/c Company X is no longer in existence; the terms in old contract were not favorable to us as the seller; the risks of doing business with the new company are much different than the old.

Would anyone mind sharing a few additional & impactful reasons why using the old contract isn't a good idea?

Thank you in advance. Have a good weekend.