Notwithstanding anything to the contrary herein, Company reserves the right to modify, amend, or terminate any provision of this Agreement upon thirty (30) days prior written notice to the Receiving Party, provided however that such modification shall not apply retroactively to any obligations accrued prior to the effective date of such modification, except to the extent required by applicable law or regulation, in which case Company shall use commercially reasonable efforts to minimize the adverse impact on the Receiving Party, subject to Company sole and absolute discretion in determining the scope and applicability of any such modification or amendment.
de / structure
They can change anything. You can't stop them.
Hidden trigger: sole and absolute discretion
Market standard: aggressive. Push back on unilateral modification rights.
Hi, just circling back on this — I know everyone is busy but we really need to align on the timeline before things get too far along. I have flagged this a few times now and want to make sure we are all on the same page. Happy to jump on a quick call if that is easier. Let me know what works.
de / structure
This is a deadline ultimatum disguised as a calendar invite.
Pressure signal: "flagged this a few times" — documenting your non-responsiveness
Strategic omission: no mention of what happens if you don't align. That is the real message.
We need the signed agreement returned by end of day Friday or we will be moving forward with an alternative partner. Please confirm.
de / structure
Posture: DEFLECT
Received — reviewing internally and will revert with our position early next week. A few points in the current draft need clarification before we can execute. Will send those over separately.
Built in practice.