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Checklist to review a commercial contract before signing

A list to understand what you are actually signing, not just what you think you are. For the full context, read the article What to review before signing a commercial contract in Panama.

Parties and subject matter

  • Verify the parties are correctly identified and have capacity.
  • Confirm the subject matter reflects what was actually agreed.
  • Check that definitions leave no ambiguous terms.

Obligations and scope

  • Delimit what each party is obligated to do, and what it is not.
  • Review deadlines, deliverables, and service levels.
  • Clarify responsibilities in case of breach.

Economic terms

  • Confirm price, payment terms, and adjustments.
  • Review penalties and liquidated damages for breach.
  • Verify taxes, expenses, and who bears them.

Risk clauses

  • Identify exclusivity clauses.
  • Detect automatic renewal and its conditions.
  • Review liability caps and indemnities.

Termination and exit

  • Confirm under what conditions you can exit the contract.
  • Review the notice period required to terminate.
  • Clarify what happens to the client portfolio or assets on termination.

Dispute resolution

  • Verify which law governs the contract.
  • Confirm the agreed jurisdiction or arbitration.
  • Review the resolution mechanism before a conflict exists.

General information, not legal advice. A review before signing costs a fraction of what it costs to get out of a bad contract later.

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