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picture of a man and a woman talking about negotiating a new contract "A housefly may live for weeks but a mayfly lives only 24 hours. You should take that into account if you have a mayfly as a contract counterparty.”

Whether To Extend Your Existing Contract or Negotiate a New One

It would be really easy to amend the contract for another year or two. It is especially appealing if the relationship terms are complicated and the last contract negotiation was difficult. But that might not be the right choice for your situation. 

So how do you decide whether to extend or negotiate new terms? Here are four things to think about as I make this decision: 

  1. New Pricing: Do the existing pricing structure and terms still work? If the financial aspects of the deal need to change, you may want a new contract. Doing so provides more freedom to change things to reflect the new dynamics.
  2. New Policies: Do the old terms meet your current compliance requirements? A lot has changed in the last few years, especially relating to privacy and data security.
  3. Liability Limit:  Will a longer term expand your liability limit? Many limitations of liability tie the amount to what was paid during the term. Adding more years may increase your cap and your exposure.
  4. Product and Service Level Failures: Check how you measure product and service levels. Are they based on the term of the agreement? If so, the longer-term could dilute the impact of individual failures. That may be a good or bad thing depending on which side you are on.

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