SIMILARITIES AND DIFFERENCES.
- Fees and payments.
Both agreements are similar. But the original agreement under Clause 6d states that the client shall be required to pay/reimburse Intech for any performance expenses incurred.
- Confidentiality.
Both agreements makes it clear that both parties shall keep information about the contract, information about each other and any other information confidential. However, the original agreement (under Clause 4a) requires more from the client to disclose information to Intech which is not made clear in the subsequent agreement.
- Employees.
The original agreement mentions the issue of employees under Clause 5 which is not mentioned in the subsequent agreement.
- Termination.
The original agreement mentions the fact that the agreement cannot be terminated without cause, which includes termination fees. This lacks in the subsequent agreement. Additionally, the original agreement is more detailed on termination requirements and procedure. Provision such as data removal and transition after the termination of the agreement should be incorporated in the subsequent contract since these are really vital for this type of agreement.
The subsequent agreement is much better as it captures more legal requirements for this kind agreement however, there is much from the original agreement that is left out that is equally important and should be incorporated.
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