Demystifying IT Contracts
by Gaurav Srivastava & Rajan D GuptaCONTENTS
| Chapter 1 — Introduction to Technical Contracts | 1 |
| Chapter 2 — Essential Elements of a Contract | 5 |
| Offer and Acceptance | 6 |
| Consideration and Payment Terms | 6 |
| Scope of Work/Services | 7 |
| Limitations and exclusions | 7 |
| Delivery and Acceptance | 7 |
| Performance Metrics and Service Levels | 8 |
| Compliance with Industry Standards | 8 |
| Training and Documentation | 8 |
| Change Control | 8 |
| Project Governance and Meeting Cadence | 9 |
| Audit and Reporting | 9 |
| Ownership of Deliverables | 9 |
| Intellectual Property Rights | 10 |
| License and Usage Rights | 11 |
| Publicity and Marketing | 11 |
| Insurance Requirements | 11 |
| Subcontracting | 12 |
| Confidentiality and Non-Disclosure | 12 |
| Data Ownership and Protection | 12 |
| Warranties and Representations | 13 |
| Indemnification | 13 |
| Limitation of Liability | 14 |
| Third-Party Components | 14 |
| Non-Compete and Non-Solicitation | 14 |
| Legal Purpose and Compliance | 14 |
| Dispute Resolution | 14 |
| Governing Law and Jurisdiction | 15 |
| Force Majeure | 15 |
| Entire Agreement and Severability | 15 |
| Termination and Cancellation | 15 |
| Chapter 3 — Drafting the Contract | 16 |
| Organizing the Contract | 16 |
| Drafting Clear and Concise Provisions | 17 |
| Avoiding Ambiguity | 17 |
| Using Appropriate Legal Language | 18 |
| Chapter 4 — Types of Technical Contracts | 19 |
|
19 |
|
42 |
|
62 |
|
75 |
|
89 |
|
107 |
|
124 |
|
143 |
|
158 |
|
175 |
|
191 |
|
208 |
| Chapter 5 — Global Data Privacy Laws | 225 |
| Chapter 6 — Contract Risk and Issue Management | 237 |
| Chapter 7 — Identifying Contract Risks and Issues | 239 |
| Review the contract terms | 240 |
| Consider the business objectives and risks | 242 |
| Evaluate the legal and regulatory environment | 243 |
| Seek legal advice | 244 |
| Clear Communication | 247 |
| Chapter 8 — Best Practices for Managing Contract Risks and Issues | 247 |
| Chapter 9 — Leveraging AI in Contracting | 261 |
| Chapter 10 — Key takeaways from the Book | 275 |
| Advice for readers moving forward with their technical contracts | 277 |
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