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It Isn’t Your Parent’s Teaming Agreement Anymore!

It Isn’t Your Parent’s Teaming Agreement Anymore!. A Fresh Look At Teaming Agreements. Presented To National Contract Management Association – Cape Canaveral Chapter January 11, 2006 By Gary Marcus, Esq., Of Counsel. 66 North Village Avenue Rockville Centre, N.Y. 11750 (516) 764-2800

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It Isn’t Your Parent’s Teaming Agreement Anymore!

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  1. It Isn’t Your Parent’s Teaming Agreement Anymore! A Fresh Look At Teaming Agreements Presented To National Contract Management Association – Cape Canaveral Chapter January 11, 2006 By Gary Marcus, Esq., Of Counsel 66 North Village Avenue Rockville Centre, N.Y. 11750 (516) 764-2800 Fax (516) 764-2827 www.goldbergconnolly.com

  2. Road Map to Presentation • Why Team? • Classical TA Disputes • Classical TA • Enforcement Issues • Redefining Damages • for Breach of TA • The Next Damages • Frontier • Drafting Tips

  3. Why Team?

  4. Allowability Why Team? • Acquisition Of Expertise • Spreading The Risk

  5. Prime v. Sub Classical Disputes • Sub v. Prime

  6. Classical Enforcement Issues • Illusory Contract • Restraint Of Trade

  7. Illusory Contract • “Agreement To Agree”

  8. Restraint Of Trade • Limitation Of • Number Of Bidders • Limitation of Unique • Technology

  9. Redefining Damages For Breach • Punitive Damages • Specific Performance

  10. Punitive Damages • Cable & Computer Technology, Inc. • v • Lockheed Sanders Inc. • 52 Fed Appx 20; 2002 U.S. App • LEXIS 24501 (9th Cir 2002)

  11. Specific Performance • EG&G Technical Services Inc. • v • The Cube Corp. • 2002 Va Cir LEXIS 444 • (Va Cir 2002)

  12. The Next Damage Frontier • Lost Profits

  13. Drafting Tips • Define Scope • Define Share • Time Limits • Terms & Conditions • Review Of Submittal

  14. It Isn’t Your Parent’s Teaming Agreement Anymore! A Fresh Look At Teaming Agreements Presented To National Contract Management Association – Cape Canaveral Chapter January 11, 2006 By Gary Marcus, Esq., Of Counsel 66 North Village Avenue Rockville Centre, N.Y. 11750 (516) 764-2800 Fax (516) 764-2827 www.goldbergconnolly.com

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