Steven Zolman

Jan. 11,2010

This is an SAP Negotiation Alert If you have an existing agreement or are considering a new agreement with SAP - watch out. New language is emerging that is extremely concerning. Here is a quick summary: SAP is including new language into Agreements, Amendments and Appendices which may limit the contractual rights of its customer, disallowing any future termination of maintenance and support services, of any software and users on an ad hoc or line item basis, or termination of any individual appendix. SAP is including new language that suggests the only way it will contemplate any kind of maintenance and support services termination is if it ...

Steven Zolman

Jan. 5,2010

Define the term "force majeure" for me. Looking online, there are several: it's French for "superior force" act of God: a natural and unavoidable catastrophe that interrupts the expected course of events (WordNet) a common clause in contract which essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties (Wikipedia) an unavoidable catastrophe (Wiktionary) So what's the common theme? It's the ability to AVOID a particular set of actions. In other words, force majeure events are those which are unavoidable or unforeseeable. If you only click one link above, do the ...