Chapter 4. Key Clauses: Deal Breakers, Options and Workarounds

This chapter looks at the sorts of clauses that can often appear in IT contracts, in particular those often referred to as ‘show stoppers’ or ‘deal breakers’.

Deal breakers are clauses which are the most contentious, and which a party will find unacceptable. These clauses may be so unacceptable that a party may refuse to do the deal at all if they are included. However, the other party may deem that these clauses are vital and must be included.

The following are some of the most common deal breakers.

Deal breaker one: Price

You may recall from Chapter 2 how the price of a service contract can escalate if a customer does not clearly specify their requirements, including service levels and ...

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