Contracts and Ethics

1. Make a list of any sections of the contract (pages 267-271 only) which seem to benefit one party more than the other – along with an explanation and the name of the party that is receiving the benefit. Please submit this list with this assignment. 2. After reading pages 267 – 271 of the contract, tell me whether you think that the contract (as a whole) benefits one party more than the other and why? 3. Do you think the “Recitals” section of the contract (page 267) adds important information to the contract? Why or Why not? 4. Explain the meaning of the language found in the final paragraph of the “Recitals” section. The relevant paragraph begins with the words “NOW THEREFORE.” 5. Based on the “Independent Contractor” section of the contract (page 268) is the Contractor an employee of the Company? If not, what is the relationship between the Contractor and the Company? 6. Which party is authorized to change the list of support services to be provided by the Contractor? 7. Review the section entitled “Company Approval of Contractor Personnel” on page 268 of the contract? What are the costs and benefits of this provision from the standpoint of the Contractor? 8. What is your understanding of the “Representations and Warranties” section of the contract on page 269? 9. The sentence below appears in the “Required Information for Criminal Conviction Checks” section of the contract (on page 269). How might you revise this sentence in order to ensure that the Contractor is absolutely clear about his or her obligations under the contract. 10. Review section (b) of the “Payment” section of the contract (page 270). What is the name of the employee who is being referenced in the following phrase “and is approved by the Company employee(s) authorized to approve billing(s) as set forth above?”

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