As the trees blaze colour and our nights grow crisper, I am
reminded that along with post-season baseball, it's deal time!
Fourth-quarter technology transactions are in full swing as parties
race to sign technology agreements and put in place new technology
systems before year-end.
In their haste to close deals, however, some clients forget to
think about the optimum way to contractually deal with the
inevitable termination or expiration of their agreements. This is
pure folly, of course, and not recommended. The following are five
key areas that should be considered in connection with the exit of
any technology contract.
Licence grants and abrupt terminations
How many standard technology agreements have we all read that
state that upon any termination or expiration, the licensee shall
"immediately" cease all use of the software in question?
This often comes as a rude surprise to clients, who think that they
have "perpetual" licences only to discover that, in
