snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: customers

Negotiating Benchmarking Clauses – Ten Tips for Customers

Posted in Contracting/Outsourcing

Having previously examined the rationale behind benchmarking, the factors that can undermine its utility and the circumstances in which benchmarking can be used effectively, here are my top ten tips to keep in mind when negotiating a benchmarking clause:

  1. Benchmarking rights are not a substitute for good due diligence on deal terms, especially pricing. Customers should do their homework to get a reasonable level of comfort that the terms and conditions of their deal will remain sufficiently market competitive over the term. It is important to remember the best way to make sure a deal stays up-to-date is to have
Continue Reading