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Drafting & review · Risk allocation

A supply agreement caps damages at the 'average monthly fees' but fees vary wildly month-to-month. Walk me through how you'd propose a fairer cap.

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Before proposing anything I'd expose the ambiguity, because 'average monthly fees' has no defined window: trailing twelve months, life of the contract, or the month of breach, and…

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Concepts behind this questionContract anatomy: where the risk lives and how to move it
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