Practical Tips for Amending Complex Commercial Contracts | M

Practical Tips for Amending Complex Commercial Contracts | Morgan Lewis - Tech & Sourcing


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Changes to complex commercial contracts are inevitable. These contracts, such as large outsourcing agreements, typically include a master services agreement (MSA) and a high number of exhibits and attachments describing the scope, performance standards, financials, and other contractual requirements in detail. Some deals can end up containing over 50–75 documents (or more!) in total. Given their strategic importance, these agreements often require numerous amendments as the relationship evolves over time and changes need to be formally documented.
With the sheer number of contract documents and amendments, a sound governance practice is to establish a strong amendment process that helps organize and keep track of the changing documents so that anyone “picking up” the contract at a future date can accurately follow the history and be confident they have the latest version of every document.

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