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There is a misconception that Terms and Condition are the total sum of the contract. Terms and Conditions are part of what make a contract enforceable, but they alone do not make the contract. Companies that rely on them to create a strong agreement leave them and the organization at risk. The risk here is not financial or even legal.Recently there have been several courses offered on Contract Writing and almost every lecture in the course curriculum focuses on the terms and conditions or elements contained in them. If the basic elements remain unknown no terms and conditions will create an agreement the achieves the desired result. The risk lies in not being clear on what the organization is contracting for. This brings us full circle to the steps that got you to creating the agreement. It speaks to the analysis done at the very being of the process. The RSR (risk, spend, reliability) analysis that establishes the key elements that must be addressed in the contract. Some of you may remember the old adage – if you don’t know what you want you’ll end up taking what they want to give. This analysis helps everyone get clear on the wants the needs and the expectation are for all parties to the contract.We are all familiar with the first rule in contracting “Clarity” or as some say simplicity. Although I have yet to see that in any contract. Legalize used to replace they other key elements of the contract always has a