Question: When we enter into contracts (e.g. for software) with other companies, sometimes those companies insist on (and often we insist on as well, depending on
When we enter into contracts (e.g. for software) with other companies, sometimes those companies insist on (and often we insist on as well, depending on our leverage) a "venue" provision that states that if there is a dispute, a party must file a lawsuit in a certain state. Delaware and New York are common ones. Are those clauses generally enforceable? Perhaps depending on the nature of the parties and their sophistication?
Related to that, we have occasionally been accused of having "adhesion contracts" (which as you know has a somewhat pejorative implication) but how is that different from simply getting a very good deal through good negotiation!? After all, our various division managers are very good negotiators (that's why we hired them) when it comes to buying supplies, leasing or buying land to operate car washes, purchasing car washes to convert them to our brand, etc. We don't have as much "negotiating leverage" as the rental car company either.
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