The Contract Adviser
Practical and commonsense insight about business contracts for entrepreneurs and small business.
Author: Lawrence Hsieh is a solo practitioner in Milford, Conn., and the author of The Small Business Contracts Handbook.
Blawg Related Categories: Contracts • Corporate Law • Solo / Small Firm • Business Law
Recent Posts from The Contract Adviser
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Confidentiality Agreements - Term
Hello Entrepreneurs! Below is an example of an ambiguous “term” provision in a Confidentiality Agreement. The provision doesn’t distinguish between the “Disclosure Period" and the “Obligation Period”. The Disclosure Period is the time period during which disclosures…
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Confidentiality Agreement - Term
One of the most important things to consider when negotiating a confidentiality agreement (A.K.A. non-disclosure agreement or NDA) is its term. In other words, how long do the confidentiality and other obligations of an NDA…
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Severability Contract Provisions - Impact on Non-compete Provisions Part 5
Hello Entrepreneurs!In this series of columns, we're looking at the impact of including severability language on a non-compete provision. In my hypothetical, you are purchasing a one-store clothing retail business, and want the seller, Fred, to agree to a non-compete provision…
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Severability Contract Provisions - Impact on Non-compete Provisions Part 4
Hello Entrepreneurs!In this series of columns, we're looking at the impact of including severability language on a non-compete provision. In my hypothetical, you are purchasing a one-store clothing retail business, and want the seller, Fred, to agree to a non-compete provision…
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Severability Contract Provisions - Impact on Non-compete Provisions Part 3
Hello Entrepreneurs!In this series of columns, we're looking at the impact of including severability language on a non-compete provision contained in an asset purchase agreement (APA). In my hypothetical, you are purchasing a one-store clothing retail business, and want the seller,…
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Severability Contract Provisions - Impact on Non-compete Provisions Part 2
Hello Entrepreneurs!In yesterday’s column, I offered three possible choices of severability language to include in a hypothetical asset purchase agreement. In the hypothetical, you are purchasing a one-store clothing retail business, and want the seller,…
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Severability Contract Provisions - Impact on Non-compete Provisions Part 1
Hello Entrepreneurs!In yesterday’s column, I started my discussion of severability provisions. These are typically found in the boilerplate or miscellaneous provisions section of the agreement, and unfortunately are mostly overlooked by businesspeople (and even lawyers)…
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Severability Contract Provisions
Hello Entrepreneurs! In a contract negotiation, there's a fine line between aggressively negotiating contract provisions that serve your interests, and stepping over legal limits. This is especially true when negotiating certain types of provisions that courts have historically very closely scrutinized - for…
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Contract Remedies - Consequential Damages
Hello Entrepreneurs! The protagonist in my previous post included a liquidated damages provision in its business contract, but also included a cumulative remedies provision in the boilerplate section of the contract. As a result when it…
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Contract Remedies - Cumulative versus Exclusive Remedies (Liquidated Damages)
Hello Entrepreneurs! Yesterday, we asked what might happen if the parties to a contract agree to a liquidated damages provision. The label doesn't matter. It could be a termination fee, a deal kill fee, a commitment…