

Kiss of Death – Contract Provisions Entrepreneurs Should Avoid at All Costs - MaysonL
http://www.infochachkie.com/?p=225

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netcan
Good article. I think it's a great to point out these points of agreements,
show who's interest they serve, how & why you should avoid them. I wouldn't be
surprised if author agrees with me but...

 _never agree to any of the following Kiss of Death Provisions_

is a bit strong. Sure it's important to understand that these are potential
problems, disadvantages or lost opportunities but I imagine there are many
agreements including these clauses that are better then no deal.

Take the famous Microsoft/IBM deal. Sure, young Gates made history by keeping
control of everything that mattered & cutting IBM out of the game. But what if
IBM had been as smart as hindsight? Depending on available OS alternatives,
IBM probably had enough leverage to get pretty much all of those provisions.
It still would have been a big deal (for Microsoft) to get that deal done. It
still would have probably been the deal that shaped the company.

It may have in itself pushed them comfortably into the 11 digit sales, put
them in a good position to develop applications & be a successful (but normal)
software company. so basically still a deal worth taking.

Again with hindsight, it would have been an opportunity missed. A big one
worth (if you can handle huge gambles) endangering the deal altogether.

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tptacek
Maybe the best thing I've ever read here. Thanks!

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MaysonL
Yeah - that site has quite infrequent posts, but most of what I've read there
is good stuff.

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hellfishburnsy
kind of long, but a good read. Thanks

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evariste
That was really good! Thanks!

