Me: We can't agree to this provision. It exposes us to too much liability and I've never seen this in an agreement before.
Opposing counsel: We have this provision in all of our agreements and we require it.
We argued for a minute, but we both realized that Yes-No doesn't get you anywhere and tried to move on. I proposed an alternative, which he said he could think about, but was pretty certain they wouldn't accept.
In my experience, if you can't come up with an alternative, you just go on negotiating around the issue, and at the end whoever wants the deal more loses.
Any tips on this situation?
Wednesday, 16 May 2012
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