Indiana Negotiating and Drafting Transaction Cost Provisions

State:
Multi-State
Control #:
US-ND1208
Format:
Word; 
PDF
Instant download

Description

This form provides boilerplate contract clauses that make provision for how transaction costs, both initially and in the event of a dispute or litigation, will be handled under the contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

Contract negotiation is the process of coming to an agreement on a set of legally binding terms (here, we'll focus on negotiation between two companies). When two companies negotiate, both parties seek to obtain favorable terms and minimize financial, legal and operational risk.

Some negotiations end with a negotiated agreement that is a plan of action rather than a signed contract ? for example, a plumber agrees to fix the tile damage caused by his work. Other negotiations wouldn't be appropriate to commemorate in writing, such as how you and your spouse decide to discipline your young child.

For example, in negotiating an agreement to enter into a corporate merger, parties will negotiate, among other things, price, representations and warranties, covenants, assumed liabilities, conditions to closing the deal, and indemnities. Parties may also negotiate to reach an out-of-court settlement.

What Is Negotiation? The term negotiation refers to a strategic discussion intended to resolve an issue in a way that both parties find acceptable. Negotiations involve give and take, which means one or both parties will usually need to make some concessions.

What is a Negotiated Contract? A negotiated contract is one where a specific firm is targeted, for a variety of reasons, to perform the contract, even though there is more than one firm that can perform the contract. Under usual circumstances, a competitive tender or proposal would be issued.

A Negotiated Agreement is an arrangement agreed between the buyer(s) and the seller(s) without going through a formal competitive tendering process. CPC have a few arrangements that were entered into through dialogue with the relevant suppliers to negotiate the offer.

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Indiana Negotiating and Drafting Transaction Cost Provisions