Contract Design and Related Agreements

Author(s):  
Hasan Tayyeb

As we delve into value deconstruction, the number of contractors will increase a great deal, and every specialty will have its own parameters. The contract by its own will not be able to accommodate all clauses and conditions that may be due for changes. Now imagine, what would happen if important information like trade secrets of any corporation or business were to be leaked to competitors? And wouldn't it be so much better to legally oblige to privacy and urge those who consent to keep the information in question completely under wraps? For this reason, it is important to have an ecosystem of agreements such as NDAs, SLAs, and others to complete the chain and allow for efficient governance and risk management considerations. NDAs and confidentiality provisions have groundbreaking propensity. The design of such agreements is fundamental and various parameters must be considered. This chapter directs attention to these subjects and concerns by discussing the various types of complementary agreements and how they can be attached to the original contract to add value and reduce risk.

2020 ◽  
pp. 147821032097809
Author(s):  
Chris Beeman

Consideration of risk and liability in outdoor educative practice has normally been limited to the narrow risks, usually to physical health, of incidents that can cause a particular injury. In this view of risk management, the more readily controlled the circumstance, the less likelihood of risk and consequent liability. Thus, to reduce risk, learning in the natural world is often avoided because it occurs in far more complex and less controllable contexts than human-created ones. However, wider and more grave risks to physical, emotional and mental health that may accrue through a life that is lived in separation from the natural world are not often considered or evaluated. In part, this may be because these kinds of risks are less immediately evident, and liability for negative outcomes may be more difficult to measure. Thus, there is less incentive to consider them. However, delayed outcomes are still outcomes. To consider easily discerned narrow risk alone, while ignoring more complex and longer-term wide risk, is no excuse for avoiding the ethical responsibility that public education carries to provide both the safest and most fecund context for learning. This paper introduces the concept of wide risk as a counterpoint to the narrow risk calculations now performed, and argues that in incorporating an understanding of wide risk in educative practice, at least two results are likely. The first is that learning outdoors will frequently be discovered to be a less risky alternative, if a broad range of outcomes over time are considered. The second is that the value of embracing risk in all aspects of learning ought to become a part of the learning process, and part of what is taught in public schools.


2021 ◽  
Vol 34 (04) ◽  
pp. 1388-1395
Author(s):  
Mikhail Samuilovich Gasparian ◽  
Irina Anatolievna Kiseleva ◽  
Valery Aleksandrovich Titov ◽  
Leonid Anatolyevich Olenev

The present article attempts to study the role of financial risk management in the digital economy era. The main purpose of the article is to identify the main patterns that determine the features of risk assessment in business as the main element contributing to the achievement of economic security of the organization, as well as to carry out a comparative analysis of risk assessment and risk management methods in the context of digitalization. The contemporary economic analysis employs various risk management methods. Digitalization also creates new risks, most of which are related to cybercrime and fraud on the Internet. The most effective ways to reduce risk in the context of instability of the economic and political situation in Russia are the scenarios method and the method of analyzing hierarchies, as well as diversification, i.e. the distribution of risks among several business participants. The article discusses various types of economic risks, risk analysis, and assessment methods, as well as risk neutralizing strategies.


2011 ◽  
Vol 1 (3) ◽  
pp. 58-73 ◽  
Author(s):  
César Fuentes ◽  
Edmundo R. Lizarzaburu ◽  
Edgar Vivanco

The current work aims to develop a revision of the literature within the main concepts in the international rules and standards related to risk management in companies. By this way, there will be an analysis of issues such as the COSO - ERM model, an introduction to the ISO 27000 and 31000 standards; and the Project Management according to PMI targeted at risk management.


2014 ◽  
Vol 587-589 ◽  
pp. 1182-1185
Author(s):  
Jih Shao Lin ◽  
Shao Tsai Cheng ◽  
I Tsen Liu

In recent years, Taiwan launched railway reconstruction projects to promote urban renewal and rural development. As the area of reconstruction projects is adjacent to the railway in operation, there are hidden risks to construction personnel and safety of the railway operations. The composite pier engineering method can improve construction safety and reduce risk. This paper presents a case study and discussion on risk management to provide the lesson learn for reference.


2013 ◽  
Vol 5 (6) ◽  
pp. 605-608
Author(s):  
Simona Bartkutė ◽  
Eligijus Toločka

Risk is a complex phenomenon that has physical, monetary, cultural and social dimensions. Every company wants to save money, time, increase quality, optimise manufacturing, but each factor may involve different risks with different influence to company, its reputation. The aim of the research is to find better risk management improvement decisions, using techniques that could help to reduce risk impact in wood-based nonstandard production with shorter project time, smoother design process, lower costs, better project coordination, increased ability to manage problems, technical solutions. Santrauka Rizika – tai reiškinys, turintis fizinių, finansinių, kultūrinių irsocialinių aspektų. Kiekviena įmonė nori sutaupyti laiko, pinigų,gerinti produkcijos kokybę, optimizuoti gamybą, tačiau kiekvienasveiksnys gali būti susijęs su įvairiomis rizikomis, skirtingaiveikti įmonės veiklą ir jos reputaciją. Šio tyrimo tikslas – rastitinkamesnius rizikos valdymo tobulinimo sprendimus, naudojantmetodus, padedančius sumažinti rizikos poveikį nestandartiniųmedienos gaminių pramonėje, esant trumpesniam projekto laikotarpiui,sklandesniam projektavimo procesui, mažesnėmsišlaidoms, tobulinant projektų koordinavimą, rizikų valdymą irtechninius sprendimus.


2013 ◽  
Vol 2013 ◽  
pp. 1-12 ◽  
Author(s):  
Kris Lawry ◽  
Dirk John Pons

Commissioning is essential in plant-modification projects, yet tends to be ad hoc. The issue is not so much ignorance as lack of systematic approaches. This paper presents a structured model wherein commissioning is systematically integrated with risk management, project management, and production engineering. Three strategies for commissioning emerge, identified as direct, advanced, and parallel. Direct commissioning is the traditional approach of stopping the plant to insert the new unit. Advanced commissioning is the commissioning of the new unit prior to installation. Parallel commissioning is the commissioning of the new unit in its operating position, while the old unit is still operational. Results are reported for two plant case studies, showing that advanced and parallel commissioning can significantly reduce risk. The model presents a novel and more structured way of thinking about commissioning, allowing for a more critical examination of how to approach a particular project.


Author(s):  
ANDRZEJ SZEWCZUK ◽  
EMILIA MAGDALENA ŁUGOWSKA ◽  
JARI KRUTH

Due to its specific nature, the provision of medical services is associated with considerable risk; and it is extremely important to diagnose and manage this same risk. Healthcare entities should be covered by appropriate instruments that reduce risk and support quality. In addition to legal regulations that must be met by entities providing such services, there are systemic solutions that are being implemented by more and more healthcare entities. The article analyses the risk that occurs in the management of a health care unit. In the first part of the article, the literature on the topic is reviewed, whereas what follows thereafter analyses risks in the management of a healthcare unit, including risk factors and risk allocation. The conclusion points to the risks which play the greatest role in the management of medical service providers; and enumerates some of the most important issues of risk management in medical entities.


2014 ◽  
Vol 3 (4) ◽  
pp. 17-31
Author(s):  
Kunal K. Ganguly ◽  
Prabir Bandyopdhyay

The purpose of this study was to develop and analyze an interpretative structural framework for the Supply Risk Management Process (SRMP). The research questions were focused on understanding the casual factors as well as the link between the SRMP and Supplier Selection (SS) process. The Interpretative Structural Modeling (ISM) approach was used to develop a structural framework for the SRMP. An extensive literature followed by discussion with managers in different Indian Automobile companies was completed to identify the strategic enablers for the SRMP. Thirteen strategic enablers were identified and classified into four categories. An Indian Automobile manufacturing company was selected as a case study participant to serve as an authentic practice-based example of the model. The SRMP enablers and the SS factors were applied to the case study organization and analyzed. The significance of this study was that the SRMP enablers and SS factors assist managers to set priorities for decision making purposes. This allows supply chain managers to take proactive steps in order to reduce risk and improve the performance of the organization in the early SRMP stages.


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