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Task:
The list is not exhaustive. Some have been taken from Canadian Business Law; some from your contract clause assignments, some from your required textEthics of performance
You may need more than one in your assignment to properly manage the risk.
Identification of the Parties
Assignment
Preamble
Description of Product/Service
Specific of performance for parties
Ethics of performance
Compliance with Workers Compensation
Compliance with Environmental Legislation
Compliance with Occupational Health and Safety Legislation
Compliance with Income Tax /Excise Tax
Compliance with licensing requirements
Compliance with permits required to perform activity required in the contract
Timing of performance
Approval/Inspection/Supervision/Monitoring of performance of Contract
Pricing
Quantity
Quality
Payment
Payee identified
Payor identified
Method of payment
Currency of payment
Timing of Payment
Triggering of Payment
Time allowed for invoicing and payment
Late payment
Taxes and other mandatory amounts
Disputed invoice and Payments (Arbitration)
Set-off and recoupment
Reimbursement
Deadlines
Liquidated Damages
Condition Precedent
Condition Subsequent
Automatic renewal
Cancellation
Deposit
Down Payment
Disclaimer
Exemption
Entire Agreement
Exclusion
Governing Law
Force Majeure
Venue
Arbitration
Indemnity/Insurance /Designation of liability/limitation of liability
Term
Expiry of Contract
Full performance of obligations
Substantial performance defined specifically in the contract
Substantial performance declared by legislation
Novation permitted and identified process
Frustration identified
Possibility to terminate by consent
Process of consent
Consent in writing
The form of Notice of termination
Standstill provision
Substantial performance
Termination
Notification
Effective date
Definition section
Confidentiality
Define what is confidential
Outline the ownership of the confidential information
Disclaimer or warranty
Purpose of disclosure/who it can be disclosed to/form of disclosure/scope of the disclosure
Protection/safeguarding required of confidential information
Period of confidentiality/requirement of notification if disclosed inappropriately
PIPEDA compliance
Return/destruction of information/detention period of confidential information
Indemnity for inappropriate disclosure
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