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contract review
1. Preliminary Review
Verify the completeness of the contract document.
Identify the parties involved and their roles.
Check for the effective date and expiration date of the contract.
Ensure clarity of purpose and scope of the agreement.
2. Key Terms and Conditions
Review the definition section for clarity.
Assess the payment terms and conditions.
Evaluate the duration and termination provisions.
Examine the confidentiality and non-disclosure clauses.
Analyze the indemnification and liability provisions.
3. Rights and Obligations
Identify the rights granted to each party.
Review the obligations imposed on each party.
Check for any conditions precedent or subsequent.
Assess any performance metrics or deliverables required.
Here are some additional steps that could be included in the "Rights and Obligations" section of your contract review checklist
Determine if there are any exclusivity clauses affecting the parties' rights
Analyze any termination rights and conditions for each party
Identify any rights to assign or delegate obligations to third parties
Evaluate the scope of indemnification provisions and related obligations
Review confidentiality obligations imposed on each party
Confirm any dispute resolution rights and obligations included in the contract
Assess the impact of any governing law clauses on the rights and obligations
Identify any warranties or guarantees provided by each party
Review rights related to intellectual property created or utilized under the contract
Check for any limitations of liability that may affect the obligations of the parties
4. Compliance and Legal Considerations
Ensure compliance with relevant laws and regulations.
Review for any necessary licenses or permits.
Identify any potential legal risks or liabilities.
Check for dispute resolution mechanisms (arbitration, mediation, etc.).
5. Amendments and Modifications
Review the procedure for amendments and modifications.
Ensure that any changes must be documented in writing.
Assess the implications of any existing amendments.
6. Signatures and Execution
Verify the authority of individuals signing the contract.
Ensure that all necessary parties have signed the document.
Check for the date of execution and any witness requirements.
7. Post-Review Actions
Document any issues identified during the review.
Prepare a summary of key findings for stakeholders.
Ensure that all parties receive a copy of the final executed contract.
Schedule a follow-up review if necessary, based on contract performance.
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