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Key Considerations in Procurement Agreements

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    This CLE presentation explored key considerations in negotiating procurement agreements for next-generation data center equipment and components. 

    Among other topics, it touched on the nuances between long and short lead times and the various strategies used to ensure on-time deliveries, manage late shipments, and manage order cancellations. The discussion also addressed various critical issues like warranty terms, integration work, and ownership of design—whether it remained with the supplier or became customer property—and the associated risk allocation when procuring large equipment versus smaller components. Additionally, it explored other supply chain risk allocation issues that often came up in these agreements and how lawyers could help balance the priorities of both customers and suppliers.

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    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

    Editorial Disclaimer

    Originally published before the Ashurst Perkins Coie combination. See disclaimer.