Negotiating Reps, Warranties and Remedies in Technology Contracts

Representations and warranties in technology agreements can be used to ensure that a fund manager is getting the benefit of its bargain; the vendor is employing appropriate cybersecurity and privacy measures; and the fund manager has recourse when the vendor does not live up to its promises. This article distills the key takeaways from a program presented by Strafford CLE Webinars featuring Steve Gold, member of GoldTechLaw LLC, and Michael R. Overly, partner at Foley & Lardner. The speakers analyzed the representations and warranties; indemnification provisions; and limitations on remedies and damages commonly included in tech agreements, and they discussed how vendors and customers negotiate and fine-tune those provisions. See “A Checklist for Fund Managers to Ensure Adequate Vendor Management” (Sep. 9, 2021).

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