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Sign Here: The Enterprise Guide to Closing Contracts Quickly: Difference between revisions
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Sign Here: The Enterprise Guide to Closing Contracts Quickly (view source)
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===Negotiations focus on the wrong topics=== | ===Negotiations focus on the wrong topics=== | ||
We ''know'' what is important. [[Indemnities]]. [[Events of | We ''know'' what is important. [[Indemnities]]. [[Events of default]]. [[Governing law]]. But these aren’t the parts that create litigation. Worse; these are all catastrophic fire-breaks; last-ditch tools for when the plane has ditched into the sea. But should we focus on airbags and inflatable life-rafts, on a plane, or on making sure there is enough gas in the tanks and the wings are properly attached to the fuselage. You only need airbags if you crash. | ||
What is more, obsessing about disaster is rather like over-analysing what happens when you divorce on your wedding day. It may, curiously, make divorce more likely. I’m like, you are talking about process agents? Today? What, are you ''expecting'' to sue me? | What is more, obsessing about disaster is rather like over-analysing what happens when you divorce on your wedding day. It may, curiously, make divorce more likely. I’m like, you are talking about process agents? Today? What, are you ''expecting'' to sue me? | ||
Well-managed relationships tend not to descend into acrimony; if you prudently manage the portfolio while the relationship is ongoing, you can distribute the risk of loss should that unwanted eventuality arrive. they way to manage risk is through behaviour, not legal documentation, that is to say. Don’t [[Over-engineering|over-engineer]] your contracts. | |||
{{quote|''Don’t design your plane to be waterproof in case it falls into the sea. Design it so it doesn’t crash''}} | |||
===The fear that one may become redundant drives a lot of behaviour=== | ===The fear that one may become redundant drives a lot of behaviour=== | ||
The thing is, it isn’t a realistic fear, unless you are genuinely hopeless. But the genuinely hopeless shouldn’t be being paid hundreds of thousands of dollars a year when trauma nurses get twenty five k. | The thing is, it isn’t a realistic fear, unless you are genuinely hopeless. But the genuinely hopeless shouldn’t be being paid hundreds of thousands of dollars a year when trauma nurses get twenty five k. | ||