ABSTRACT
This chapter identifies key areas for which information should be obtained and understood before any review of draft contracts commences. By assessing this information, businesses can make more informed decisions about their proposed technology engagements and ensure their contracts are appropriate to those engagements. By investing a minimal amount of time to marshal basic deal information at the outset of any new engagement, businesses can be far more prepared to negotiate their vendor agreements effectively. In our experience, moving forward without a clear understanding of the “deal” can result in misunderstandings with the vendor, failure to achieve an adequate and appropriate contract, delays in negotiations, and increased costs. Similarly, it would probably not be fruitful to propose extensive information security language in a contract that does not involve highly sensitive information.
