Customers should look closely, in their new and existing contracts, at the charges and fees that are eligible for escalation under the COLA provision and beware of COLA provisions that apply to “all” charges in a contract....more
Using the “Extraordinary Events” clause to reduce outsourcing service charges and operating expenses during the COVID-19 pandemic.
With revenues down dramatically due to COVID-19 measures, businesses across most sectors...more
Ten years ago, most "buyers/customers" expected their suppliers to absorb unlimited contractual liability if the supplier was responsible for a breach affecting the customer's data. Today, while customers may continue to...more
Given the unrelenting, it seems, news reports of cyber attacks and data breaches affecting customer records and data, the issue of what are the appropriate contractual provisions that should govern data breaches in a contract...more
Customers increasingly are taking advantage of Software as a Service (SAAS) and other cloud-based solutions available in the marketplace. There are of course many legal and commercial issues that customers should consider...more
As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer's own environment, they should...more
As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer's own environment, they should...more