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Course Details

Nonprofit Contracts: Protecting Your Organization

Webinar: ID# 1023172
Recorded CD
Qty:
About This Course:
Perceived financial costs and related time constraints cause many nonprofits to enter into contracts while foregoing legal assistance and review. This approach can lead to serious risk exposures and lost opportunities for the organization.

This webinar can help the persons responsible for contract oversight to understand what key provisions mean, and how to negotiate them successfully on behalf of your organization.

The content also explains how contracts fit into the overall risk architecture of the nonprofit organization, and what checks might need to be performed on key issues outside the "four corners" of the agreement. Failing to have a proper contract review process can lead to negotiation oversights and regulatory errors that could cost many thousands of dollars to remediate.

This webinar is critical for nonprofit personnel to identify, mitigate, and eliminate these risks.

Agenda

Basic Contract Principles
  • Types of Contracts
  • Offer, Acceptance, and Consideration
Key Provisions
  • Representations and Warranties
  • Termination Rights
  • Indemnification
  • Limitation of Liability (Waivers and Releases)
  • The "Miscellaneous Stuff" - Force Majeure, Governing Law, Entire Agreement
Intersection With Other Governing Documents, Policies, and Procedures
  • Articles and Bylaws
  • Other Agreements
  • Insurance Coverage and Risk
Special Considerations
  • Contracts Where Directors Have a Financial Interest
  • Sovereign Immunity
  • Charitable Solicitation Agreements
  • Endowment Agreements
  • Employment Agreements, Terminations, and Releases
About The Presenter

Peter H. Schwartz, Esq.
  • Partner in the office of Davis Graham & Stubbs LLP
  • Practice emphasizes all aspects of corporate nonprofit law and related corporate governance and contract matters
  • Conducts regular seminars and workshops on nonprofit law; chair, Nonprofit Legal Audit Clinic (January 2016); chair, Nonprofit Legal Audit Clinic (July 2016)
  • Wrote several publications related to the areas of nonprofit organizations; lead author, “Liability and Risk Management for Nonprofit Organizations” in CBA/CLE Guide to Non-profit Organizations (Colorado Bar Association, published 2006, as supplemented from time to time); workgroup leader for “Governance” section of Colorado Nonprofit Association Principles & Practices for Nonprofit Excellence (3rd Ed.)
  • Admitted in Colorado, New York, Washington D.C., and Washington; chair, Nonprofit Working Group, Colorado Lawyers Committee; chair, Nonprofit Legal Audit Clinic, Colorado Lawyers Committee; member, Colorado Nonprofit Association
  • Recognized as the “People’s Choice” Lawyer for Nonprofit Law in Law Week Colorado’s Barrister’s Best 2016
  • J.D. degree, Columbia University; M.S.R.E. degree, Massachusetts Institute of Technology; M.C.P. degree, Massachusetts Institute of Technology; B.A. degree, magna cum laude, Princeton University
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Nonprofit Contracts: Protecting Your Organization
Available on CD format
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