A Practical Guide to Outsourcing Agreements, 2nd Edition
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Publisher: LexisNexis Canada
Are you working for a company contemplating a strategic change in business operation?
Want to ensure that once a decision has been made to outsource a business function, you will be in a position to negotiate fair and balanced agreements with service providers?
Take Advantage of Outsourcing
Acquiring greater efficiency and economy of scale from an outside source allows a company to concentrate on its strengths and not get distracted from executing its key business strategies. Outsourcing permits an organization to transfer the ownership of certain business functions to another company in order to:
* Reduce and control operating costs
* Eliminate the cost of acquiring, updating and maintaining systems in-house
* Improve process efficiencies
* Eliminate difficult-to-manage functions
* Gain access to world-class capabilities and technologies
* Retain services where there are no comparable internal resources
* Reduce/limit staff growth
* Free up time and essential internal resources
* Minimize the time spent on compliance issues
Negotiate the Best Possible Deal
LexisNexis Butterworths A Practical Guide to Outsourcing Agreements, 2nd Edition is the essential guide book to analyzing the major issues that arise in outsourcing agreements. Author Adam Vereshack has over 20 years? experience negotiating outsourcing transactions for major Canadian and international companies. Guidelines and clauses help you to deal with the basic questions of when outsourcing is an appropriate solution to a situation and what issues must be addressed when contracting with a supplier. All issues discussed have been taken from actual outsourcing agreements.
The outsourcing of business functions is a global phenomenon - crossing borders of countries as well as provinces and states. So regardless of where your company is headquartered - Canada, the U.S., Australia, the United Kingdom or anywhere else - if your company is seeking to outsource information technology or business processes this is the book for you.
The Definitive Guide to Outsourcing Contracts For
* Business lawyers who want to understand the issues that arise in outsourcing agreements in order to practise in this burgeoning area
* Corporate executives, including chief information officers and chief financial officers, who wish to outsource information technology and/or business processes
New in This Edition
New or expanded coverage on the following topics:
* Top reasons for not outsourcing non-core activities
* Dealing with the often unreasonable customer executive view of the time required to complete an outsourcing agreement
* The role of cloud computing in outsourcing agreements
* The use of open source software
* Proper allocation of R&D tax credits
* The nature, scope and use of guaranties
* ?Dumpster-diving? and its implications on confidentiality obligations
* Quality management (ISO) system standards
* Complying with applicable legislation on the use of offshore services
* Discussion on emerging approaches to gain sharing
* Updated discussion on when benchmarking may not be appropriate
* The use of ?most favoured customer? clauses
* Expanded discussion of insurable risks and their relation to limit of liability clauses
* Updated discussion on the pros and cons of offshoring
* A brand new 70-page sample outsourcing agreement
Table of contents
Chapter 1: Introduction
Chapter 2: Identification of Parties and Recitals
Chapter 3: Transitional Matters
Chapter 4: Transfer of Employees
Chapter 5: Services
Chapter 6: Project Services
Chapter 7: Improvements and Gain Sharing
Chapter 8: Fees and Charges
Chapter 9: Invoicing, Payment and Taxes
Chapter 10: Subcontracting
Chapter 11: Performance and Service Levels
Chapter 12: Performance: The Balanced Scorecard
Chapter 13: Audit Rights
Chapter 14: Change Order Process
Chapter 15: Force Majeure and Disaster Recovery
Chapter 16: Relationship Governance
Chapter 17: Intellectual Property
Chapter 18: Confidentiality and Privacy
Chapter 19: Insurance
Chapter 20: Indemnities and Guarantees
Chapter 21: Representations, Warranties and Covenants
Chapter 22: Limitation of Liability
Chapter 23: Termination
Chapter 24: Results of Termination
Chapter 25: Dispute Resolution
Chapter 26: Miscellaneous Provisions
Chapter 27: Offshore Outsourcing