Supply Chain Agreements: Consequential Damage Disclaimers, Indemnity, Force Majeure, Termination, Warranty Provisions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss the interplay between several critical terms in supply chain agreements: indemnification, consequential damage disclaimers, force majeure, termination, and warranty provisions. Our panel will discuss practical guidance for structuring these terms and best practices as disputes arise during the current economic climate.
- Critical commercial terms in supply chain agreements
- Risk mitigation provisions
- Consequential damages disclaimers
- Force majeure
- Interplay between terms
- Practical considerations and lessons during the current potential recession
The panel will review these and other relevant issues:
- How can consequential damage disclaimers impact other terms of the supply chain agreement?
- How does whether the client is buying or selling change the analysis of carveouts to consequential damage disclaimers?
- What is the role of the indemnification provision, and how does it differ from the warranty?
- How can transaction counsel maximize the value of warranty provisions for buyers and sellers?
- What are the perspectives from the buy- and sell-side to approaching negotiations and critical language to include in the force majeure provision?
- What are the special considerations in the current economic climate to evaluate supply chain agreements?
Nicholas J. Ellis
Foley & Lardner
Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and... | Read More
Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and business tort law. He also routinely counsels clients on a variety of commercial contract issues. He is a member of the firm’s Business Litigation & Dispute Resolution Practice and the Automotive Industry Team. Mr. Ellis has experience litigating disputes in state and federal courts on a wide range of matters, including warranty claims, breach of contract, tortious interference, misappropriation of trade secrets, breach of non-compete agreements, and other complex commercial disputes.Close
Jeffrey A. (Jeff) Soble
Foley & Lardner
Mr. Soble’s practice focuses on product liability, commercial disputes between businesses, class action defense,... | Read More
Mr. Soble’s practice focuses on product liability, commercial disputes between businesses, class action defense, post-transaction disputes, construction losses, and general contract and tort law. He is experienced in supply chain management and contract enforcement, in particular with limited or sole-source suppliers and just-in-time suppliers. He has further experience in the litigation of insurance coverage claims. He is a member of the Firm's Business Litigation & Dispute Resolution Practice and former co-chair of the Automotive Industry Team.Close