DRAFTING KEY COMMERCIAL CONTRACTS AND REVIEWING

Transcription

CLARIDENSingapore Sydney Melbourne Dubai Hong Kong London New York San Francisco Toronto AucklandCLARIDEN GLOBAL LEGAL & TECHNOLOGY INSTITUTEDRAFTING KEY COMMERCIAL CONTRACTSAND REVIEWING CRUCIAL TERMS ANDCONDITIONS FOR NON-LAWYERS20229 – 10 February 2022AUSTRALIAOnline Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)LiveOnlineExecutiveProgramCLARIDEN CREDENTIALS AND ENGAGEMENTClariden Global is the pre-eminent and influential global business leadership institution. Today, we hostmore than 200 global executive education and major conference events around the world. We have partneredwith professional organizations such as the Association of Chartered Certified Accounts (ACCA) and thoughtleaders from prestigious universities such as Harvard University John F. Kennedy School of Government,Wharton School of the University of Pennsylvania and Stanford University.

CONTENTSThe Clariden ExperienceWhy Clariden Global Executive Education?Drafting Key Commercial Contracts And Reviewing Crucial TermsAnd Conditions For Non-Lawyers5789Program IntroductionFaculty DirectorsProgram OverviewProgram OutlineParticipating CompaniesTestimonialsIn-house Custom Executive ProgramsContact UsRegistration

THE CLARIDEN EXPERIENCEENJOY LEARNING WITH THEFIRST-CLASS, WELL-ROUNDED EXPERIENCETo maximize both your enjoyment and professional development, Clariden Global holds its executiveprograms at five star hotels, some of which include:Shangri-La Hotel, SingaporeSingaporeInterContinental Melbourne The RialtoMelbourne, AustraliaAmidst lush gardens, this 3-wing luxury hotel is 6km from the iconic Marina Bay Sands resort and9 km from Sentosa.Set in a grand 1891 building, this upscale chainhotel is 3 blocks from the Yarra River, and an8-minute walk from the SEA LIFE MelbourneAquarium.Conrad London St JamesLondon, United KingdomGrand Hyatt: Union Square San Francisco HotelSan Francisco, United StatesAcross the street from St. James’s Park tubestation, this sophisticated hotel is 10 minutes’walk from Buckingham Palace and 2 miles fromthe Victoria and Albert Museum.Less than a block from Union Square, this stylishhigh-rise hotel is an 11-minute walk from theMoscone Center and 1.9 miles from Pier 39.Terms & Conditions: Clariden Global International Limited reserves the right to change the venue of theprogram due to reasons beyond their control.Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com3

5,000 10,000 CompaniesParticipants15 50 CountriesIndustriesWHY CLARIDEN GLOBAL EXECUTIVE EDUCATION?GLOBAL ENGAGEMENT lariden Global is the pre-eminent and influential global business leadership institution. Today, we hostCmore than 200 Global Executive Education and major conference events across 15 countries and 17 cities,including Singapore, London, Hong Kong, Sydney, Melbourne, Perth, New Zealand, San Francisco, Toronto,Johannesburg, Shanghai, Beijing, Kuala Lumpur, Dubai, Toronto, The Netherlands, New York and Zurich.INTERNATIONALLY DIVERSE, SENIOR-LEVEL PARTICIPANTSClariden Global Executive Education programs have attracted participants from more than 5,000 globalMNCs, regional corporations, and FORTUNE 500 companies, from more than 40 countries. All applicationsare reviewed based on professional achievement and organizational responsibility. Designed for individualsat all levels, from top executives to emerging leaders, each intensive program is crafted to equip leaderswith essential capabilities to improve corporate performance and position their organizations to thrive.THOUGHT LEADERSHIPTo provide strategic insights and relevant world-class executive education to global organizations, ClaridenGlobal engages the best thought leaders and leading authorities from around the world. These includeprofessors and faculty leaders from Harvard University, Stanford University, University of PennsylvaniaWharton, London Business School and other premium institutions to deliver transformational knowledge.Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com4

PROGRAMDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERSPROGRAM INFORMATIONDATES9 – 10 February 2022LOCATIONOnline Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)PROGRAM ADVISORJacelyn comPhone: 61 3 9909 7310TUITION FEESEarly Bird 1 (Register and pay by 15 December 2021): AU 1,695Early Bird 2 (Register and pay by 12 January 2022): AU 1,895Regular Tuition Fees: AU 1,995Group discount of 10% for the 2nd participant from the same organization. For limited time only by12 January 2022, register for 3 participants and the 4th participant will receive a complimentary seat(only one discount scheme will apply).FACULTY DIRECTORBeverly HonigManaging DirectorAuthor of Best-Selling Book “Making Contracts Work” Prestigious Award-Winner of 100 Women of In-uence Awards of r 2015by The AustralianFinancial Review and Westpac, and inducted to 2016 Businesswoman Hall of Fame Distinguished Lecturer at University of Melbourne and Queensland University of TechnologyBusiness School and seasoned strategies cum corporate trainer who delivered 200,000 trainingcourses worldwidePROGRAM ESSENCEContract preparation and negotiation serve as the foundation of the contractual process and are crucial elementsin determining the extent businesses achieve their objectives.This 2-day online executive program is designed to provide a comprehensive overview of contract preparation cycleand a platform to hone you into a more effective negotiator. Combining theory with practice, you will learn theimportant elements of a contract and will be able to determine the speci-c conditions applicable to your contractand your negotiating position. Our faculty director will share real life practices to show you how to interpret acontract that you may not have designed to successfully negotiate the terms and conditions to match your businessoutcomes. You will also learn how to modify and create clauses that are clear to prepare your contracts moreefef ctively . Lastly, you will learn how to enhance your negotiating position vis-à-vis your contractual partnerby adopting tactics specially of rmulated to unnerve you when negotiating terms, conditions, extensions andperformance outcomes .Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com5

PROGRAMDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERSKEY BENEFITS Explore current topical issues in contract law Learn how statutory and common law obligations are incorporated into contracts Understand how to ensure contract objectives are delivered while mitigating risk Acquire review and editing skills Implement drafting changes that improve contract clarity and structure Maximize risk management by mastering drafting and testing techniques Implement reviews of contractual governance Design effective methods of dispute resolutionfor existing contractsto ensure contract management excellenceWHO WILL ATTEND THIS PROGRAMThis executive program is designed for all executives involved/ engaged in preparing, drafting and negotiatingcontract terms and conditions or evaluating contracts. This would include Contract Managers/ Advisors/ Officers,Commercial Managers/ Executives, Sales and Marketing Managers, Claims Managers, Project Managers, Buyers,Business Development Managers, Procurement and Supply Chain Managers, Operations Personnel and In-HouseLegal Counsels.Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com6

PROGRAMDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERSFACULTY DIRECTORBeverly HonigManaging DirectorAuthor of Best-Selling Book “Making Contracts Work”Beverley Honig is a prestigious award-winner of 100 Women of In-uence Awards of r 2015 by The AustralianFinancial Review and Westpac , listed in Who’s Who in Business in Australia and inducted into 2016 BusinesswomanHall of Fame .Beverley has led many successful transformations for government business enterprises, including MelbourneMarket Authority, Centre of r Adult Education and OET , resulting in more efflcient and effective services for thepublic members. She is currently CEO of an award-winning business consultancy, which has repeatedly received theprestigious International Trade Awards, bestowed by the Prime Minister of Israel, in recognition of its outstandingcontribution in the forging of international trade links. Her speciality advisory flelds include leadership, changemanagement, employee and community engagement programs, strategic frameworks, project management andnegotiation.As a seasoned strategist and corporate trainer, Beverley has designed and delivered more than 200,000 trainingcourses globally, across Europe, the UK, Asia and the US. She focuses on topics such as Change Management andEffective Commercial Contract Management. She is also a distinguished lecturer and convener of managementsubjects at the University of Melbourne and Queensland University of Technology’s bespoke business school for theAustralian Department of Defence in Canberra.Beverley is an internationally qualifled lawyer with over 20 years’ of experience in Australia, the United Kingdomand Middle East. She is a judge of r the Essential Services Commission Appeals and the chairman of GreenvilleDevelopments and Director of Australia Chamber of Commerce for 20 years.Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com7

PROGRAM OVERVIEWDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERSOVERVIEWContracting requires a highly skilled and professional approachas it is becoming increasingly complex and demanding. Today,contracts affect all industries and every type of commercialagreement from employment, bankruptcy, and intellectualproperty rights to the purchase and sale of securities. Therefore,it is important for parties involved in contracting to have a goodgrasp of the essential principles on how contracts are formed andnegotiated so that companies can meet their business objectives.To achieve this, the terms and conditions stated in the contractmust match business outcomes and a robust and well-designedcontractual process must be put in place.This 2-day online executive program is designed to provide acomprehensive overview of contract preparation cycle and aplatform to hone you into a more effective negotiator. Combiningtheory with practice, you will learn the important elements of acontract and will be able to determine the speci-c conditionsapplicable to your contract and your negotiating position. Ourfaculty director will share real life practices to show you how tointerpret a contract that you may not have designed to successfullynegotiate the terms and conditions to match your businessoutcomes. You will also learn how to modify and create clausesthat are clear to prepare your contracts more efef ctively . Lastly,you will learn how to enhance your negotiating position vis-à-visyour contractual partner by adopting tactics specially of rmulatedto unnerve you when negotiating terms, conditions, extensionsand performance outcomes.Designed for non-legal professionals dealing with the preparationand negotiation of contracts, this program will discuss casestudies drawn from actual legal cases to maximize your learningexperience. Led by Ms. Beverley Honig, an award-winning advisorand strategist, she will impart techniques to build and manageyour organization’s bargaining power. Even without prior legalknowledge, you will leave this course with the confldence andexpertise to deal with contractual situations effectively.Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com8

PROGRAM OUTLINEDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERS9 – 10 February 2022 Online Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)Day 1 – Morning SessionWhat makes a good commercial contract?Essential ingredients of a commercial contractCreating commercial arrangementsTerms and conditions – reviewing Ts and Cs (Exercise) 09:00 – 10:30: Contract Formation10:30 – 10:45: Morning BreakPreliminary agreements and process contractsLegal contract principles of r contract draftingDrafting and reviewing crucial termsClarifying the essence of the contractPractice in drafting KPIs in plain English (Exercise)Express vs implied termsClarity and risk protection 13:45 – 12:00: Contract Formation (Continue)12:00 – 13:00: Lunch BreakDay 1 – Afternoon SessionIntellectual Property clauses: practicalities, what are you buying/selling?Indemnities, warrantiesForce majeure and COVID-19 13:00 – 14:15: Examining Critical Clauses14:15 – 14:30: Afternoon BreakStandard of rm contracts and standard termsDifef rent types of standard contracts, by industry and international tradeGetting it right 14:30 – 15:15: Beneflts and Uses of Standard Form Contracts15:15 – 16:00: Review And Prep For Day 2Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com9

PROGRAM OUTLINEDRAFTING KEY COMMERCIAL CONTRACTS ANDREVIEWING CRUCIAL TERMS AND CONDITIONSFOR NON-LAWYERS9 – 10 February 2022 Online Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)Day 2 – Morning SessionReviewing contracts to identify and interpret contract riskWarrantiesIndemnity clauses of r protection and impactExclusion of liabilityVariation clauses and risk management (Exercise) 09:00 – 10:30: Risk Management Within The Contract10:30 – 10:45: Morning BreakInsurance clausesIdentifying contract riskJurisdiction and drafting issues of insurance clauses 10:45 – 12:00: Insurance Of ContractsIntellectual Property clauses: practicalities, what are you buying/selling?Indemnities, warrantiesForce majeure and COVID-19 Termination Of Contracts12:00 – 13:00: Lunch BreakDay 2 – Afternoon SessionLegal application regarding bank guaranteesExamining practical issues 13:00 – 14:15: Bank Guarantees And Payment ClausesLiquidated VS unliquidated damagesGeneral damages, consequential loss, normal lossExclusion clausesNegligence, impact of conduct Damages Examined14:15 – 14:30: Afternoon BreakPerformance of ContractsBreach of contract and remediesObligations to mitigateExemption of liabilitiesNegotiationMediation and Arbitration 14:30 – 15:40: Managing Contract Performance And Dispute Resolution15:40 – 16:00: Awarding Certiflcates & Closing Of ProgramContact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com10

PARTICIPATING COMPANIESMore than 5,000 companies have participated in our programsADVERTISING, INTERNET, MEDIA,PUBLISHINGBBC WorldwideCNNeBayLinkedInMediaCorpSaatchi & SaatchiSingapore Press HoldingsThe Financial TimesThe Hoffman AgencyThe Walt Disney CompanyThomson ReutersCONGLOMERATEFraser & NeaveGeneral ElectricGeneral MotorsMitsubishiMonsantoSiemens AGSodexoFINANCIAL SERVICES, INSURANCEBank of America Merrill LynchAIAAllianz Global InvestorsAmerican ExpressAvivaAXABarclays BankCitibankDBS BankDeutsche BankHSBCJP Morgan Chase BankManulifeMasterCardMaybankMizuho BankOCBC BankPayPalPrudentialRabobankStandard Chartered BankSuncorpSwiss ReinsuranceTD SecuritiesVisaWestpacZurich InsuranceFOOD, BEVERAGECoca-Cola NMENT, NONPROFITAustralian Securities and InvestmentsCommissionCentral Provident Fund BoardChangi Airport GroupEconomic Development BoardGICNSW TreasurySercoTemasek GroupHEALTHCARE, PHARMACEUTICALSAbbott LaboratoriesEu Yan SangGlaxosmithklineHoffmann-La RocheJohnson & JohnsonMerckPfizerSanofiHOSPITALITYCapitaLandFar East OrganizationFrasers HospitalityHilton WorldwideMarriott HotelsPan Pacific Hotels GroupShangri-La Hotels & ResortsMANUFACTURING (CONSUMER)British American TobaccoEstee LauderFonterra BrandsHeinekenKimberly-ClarkKraft FoodsLegoMars FoodsNestléProcter & GambleUnileverMANUFACTURING (INDUSTRIAL)AirbusCorning Optical CommunicationsDaimlerHarley DavidsonIntel SemiconductorRolls-RoyceVolvo GroupWearnes AutomotiveOIL & GAS, NATURAL skPetronasSantosSaudi Arabian OilSchlumbergerShellPROFESSIONAL SERVICESAECOMAon HewittErnst & YoungPricewaterhouseCoopersRETAIL, TRADEAdidasCargillDFSHarvey NormanHennes & MauritzIKEAL’OrealMarks and SpencerNTUC FairpriceTescoTECHNOLOGY, ELECTRONICS3MAppleCanonDellHewlett PackardIntel TechnologyLenovoMicron TechnologyMicrosoftOracleSAPSony ElectronicsTE ConnectivityTELECOMMUNICATIONSEricssonNokiaOlive CommunicationsSingtelStarhubTata Auckland TransportCathay Pacific AirwaysDubai Air Navigation ServicesNew Zealand Transport AgencyFiji AirwaysMetro Trains MelbourneNSW TrainsSBS TransitContact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com11

FACULTY DIRECTORBEVERLEY HONIG’S TESTIMONIALSBeverley encouragespositivity andis a clear andinspirationalpresenter.Goldfields CouncilBeverley has givenme a differentperspective onthings. Highlyrefreshing, superinformative, andmost worthwhile. I’dhear her again andagain.”Health Network AustraliaContact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com12

IN-HOUSECUSTOMEXECUTIVEPROGRAMSClariden Global delivers custom learning programs of r organizations all around the world. Whatever your businesschallenges are, we create of cused learning experience that enables your organization to achieve success. Throughpartnerships with the most renowned thought leaders, industry experts and professors from around the world,these in-house custom executive programs will equip you with essential skills and capabilities to develop andimplement strategies more efef ctively at your organization.Engage with our thought leader today:Beverly HonigChairman & Managing DirectorHoneylight EnterprisesBeverley Honig is an internationally qualified lawyer with over 20 years’ experience in Australia, theUnited Kingdom and Middle East. A winner of The Australian Financial Review and Westpac 100Women of Influence Awards for 2015, she is also listed in Who’s Who of Business in Australia.Her expertise in contracts has enabled her to publish one of her two bestselling books, “MakingContracts Work”, in 2010. Besides serving as ajudge for the Essential Services Commission Appeals,Beverley is also aBoard Director and Chairman of several public and private companies.CONTACT USPROGRAM ADVISORJacelyn ShannonEmail: jacelyn.shannon@draftingkeycontracts.comPhone: 61 3 9909 7310Contact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com13

CONTACT USWe encourage you to learn more about Clariden Global Executive Education custom and open-enrollment programs.Our staff will be happy to answer your questions and help you determine the programs work best of r you and yourorganization.ENQUIRY FOR THIS PROGRAMJacelyn ShannonEmail: jacelyn.shannon@draftingkeycontracts.comPhone: 61 3 9909 7310REGISTRATION & PAYMENT MATTERSEmail: admissions@claridenglobal.comPhone: 61 3 9909 7310CUSTOMIZED PROGRAMSJacelyn ShannonEmail: jacelyn.shannon@draftingkeycontracts.comPhone: 61 3 9909 mPhone: 65 6899 5030Fax: 65 6567 4328Address:Clariden Global Pte Ltdfl3 International Business Park#04-29, Nordic European CentreSingapore claridenglobal.com 44 (0) 20 7129 1222 44 (0) 84 3218 041328 Grosvenor StreetLondon W1K 4QRUnited .comPhone: 61 3 9909 7310Fax: 61 3 9909 7788Address:Clariden Global Pty Ltd530 Little Collins Street, Level 1Melbourne VIC 3000, AustraliaContact Jacelyn Shannon, Program Director at 61 3 9909 7310 jacelyn.shannon@draftingkeycontracts.com14

CLARIDENREGISTRATIONPROGRAM FEESProgram1st Early Bird Fee(If payment ®istrations are receivedby 15 December 2021)2nd Early Bird Fee(If payment ®istrations are receivedby 12 January 2022)Regular FeePer ParticipantAU 1,695AU 1,895AU 1,9959 – 10 February 2022Online Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)Drafting Key Commercial Contracts And Reviewing CrucialTerms And Conditions For Non-Lawyers4 WAYS TO REGISTER3 PAYMENT METHODSEmail: admissions@claridenglobal.comBy Cheque/ Bank DraftFax: 61 3 9909 7788By Telegraphic TransferCall: 61 3 9909 7310By Credit CardWebsite: .dw raftingkeycontracts.comGROUP DISCOUNTSGroup discount of 10% of r the 2nd participant from the same organization.For limited time only by 12 January 2022 register 3 participants and the 4thparticipant will receive a complimentary seat.*One discount scheme applies.Booking Contact (Approving Manager) Mr/Mrs/Ms:Job Title: stal Code:I would like to receive more information on hotel accommodationusing Clariden Global coporate rate.Please register the following participant for this seminar.1st Participant Name (Mr/Mrs/Ms):Job Title: Department:Telephone:Email:2nd Participant Name (Mr/Mrs/Ms):Job Title: Department:Telephone:Email:3rd Participant Name (Mr/Mrs/Ms):Job Title: Department:Telephone:Email:4th Participant Name (Mr/Mrs/Ms):Job Title: Department:Telephone:Email:FOR OFFICIAL USEFEE RECEIVEDReference: L22003/MW/JSAn invoice and registration con-rmation will be sent within 7 days, pleasecontact us if you have not heard from us within 7 days. Payment details willbe sent together with the invoice based on your preferred payment method.ALL PAYMENTS MUST BE RECEIVED IN ADVANCE OF THE EVENT.VENUE AND ACCOMMODATION INFORMATION9 - 10 February 2022Online Executive Program (via Zoom)09:00 – 16:00 Australian Eastern Daylight Time (AEDT)Accommodation is not included in the program ef e but you will be entitledto use our corporate rate of r your accommodation. Information will be sentalong with your registration con-rmation.CANCELLATIONS AND SUBSTITUTIONS*All cancellations must be received in written form.Once ew have received your booking, the place(s) are con-rmed. No refundswill be made of r any cancellations, however, program credits of equivalentvalue only applicable of r Clariden Global events will be provided. Credits canonly be redeemed of r 1 program and is valid of r only one (1) year from dateof issue.Substitution with a quali-ed candidate is allowed by providing at least 5ow rking days of advance notice to Clariden Global. One time substitutionis allowed with no charges. Subsequent substitutions will be charged 10%admin ef e.PLEASE NOTE: Clariden Global International Limited reserves the right tochange the content and timing of the programme, the speakers and the dateand venue due to reasons beyond their control. If in the unlikely event that thecourse is cancelled, Clariden Global Pte Ltd / Clariden Global InternationalLimited will refund the full amount and disclaim any further liability.PRIVATE DISCLOSURE STATEMENT: Any information provided by you inrelation to this event is being collected by Clariden Global Pte Ltd / ClaridenGlobal International Limited and will be held in the strictest con-dence. Itwill be added to our database of r the primary purpose of providing you withinformation about future events and services.

Author of Best-Selling Book “Making Contracts Work” . This executive program is designed for all executives involved/ engaged in preparing, drafting and negotiating contract terms and conditions or evaluating contracts. This would includ