Negotiating Reps, Warranties and Remedies in Technology Contracts

Representations and warranties in technology agreements can be used to ensure that a customer is getting the benefit of its bargain, the vendor is employing appropriate cybersecurity and privacy measures, and the customer has recourse when the vendor does not live up to its promises. We distill key takeaways from a recent Strafford program featuring GoldTechLaw LLC member Steve Gold and Foley & Lardner partner Michael R. Overly, who analyzed the representations and warranties, indemnification provisions and limitations on remedies and damages commonly included in tech agreements, and discussed how vendors and customers negotiate and fine-tune those provisions. See “Managing Vendor Contracts From the Data Controller's Perspective” (Mar. 31, 2021).

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