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Technology Professional Services Agreements: Drafting Key Provisions, Streamlining Negotiations, Minimizing Disputes

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, July 30, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide business and technology counsel with a roadmap for drafting key provisions in technology professional services agreements (PSAs). The panelist will discuss key clauses that should be included in PSAs, strategies for avoiding common negotiation pitfalls, and best practices for minimizing and resolving contract disputes.

Description

Drafting PSAs for technology projects involves significant risk because the contracts contain complex provisions granting third-party access to a company’s valuable and confidential business information.

Counsel to companies entering PSAs with vendors must have a clear understanding of the company’s business goal, services being purchased, cost of services, and timeline for performance prior to negotiating and drafting the PSA. Counsel must also understand recent trends in contracting for technology services to ensure that the PSA terms reflect current best industry practices. Focusing solely on price can be a grave mistake.

Listen as Alan G. Fishel, Partner at Arent Fox, discusses best practices for drafting and negotiating technology PSAs. The panel will discuss key clauses that should be included in the contracts and provide strategies for avoiding common drafting pitfalls and minimizing and resolving contract disputes.

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Outline

  1. Key provisions in technology PSAs
    1. Service levels
    2. Cooperation
    3. Intellectual property
    4. Acceptance testing
    5. Compliance with professional standards
    6. Personnel
    7. Payment terms and fees
    8. Termination
    9. Warranties
    10. Indemnification
    11. Limitation of liability
    12. Legal compliance
    13. Confidentiality and nondisclosure
    14. Jurisdiction and governing law
    15. Miscellaneous provisions (severability, force majeure, entire agreement, etc.)
  2. Anticipating common drafting issues and streamlining negotiations

Benefits

The panelist will review these and other key issues:

  • What are the key questions counsel must consider before undertaking the negotiation and drafting of a technology PSA?
  • What contract terms are most frequently included in PSAs?
  • What are the most commonly disputed issues during contract negotiations and what are effective approaches to resolve them?

Faculty

Fishel, Alan
Alan G. Fishel

Partner
Arent Fox

Mr. Fishel handles transactional matters relating to technology and telecommunications agreements, including cloud...  |  Read More

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