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This Practice Note considers some of the key terms and conditions found in business-to-business (b2b) commercial contracts. It sets out the general drafting considerations and considers some of the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination, and consequences of termination.

For links to more detailed commentary on commercial contracts, generally, see:

1. •

   Commercial clauses—overview

2. •

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3. •

   boilerplate clauses—overview and Practice Note: The role of boilerplate

See also: Commercial contract drafting and review—checklist and Commercial contract review and execution (business personnel)—checklist.

For more specific guidance when considering the supply of services, see also Practice Note: Negotiation guide—services agreements.