Kiss of Death – Contract Provisions Entrepreneurs Should Avoid at All Costs

Good article. I think it's a great to point out these points of agreements, show who's interest they serve, how & why you should avoid them. I wouldn't be surprised if author agrees with me but...

never agree to any of the following Kiss of Death Provisions

is a bit strong. Sure it's important to understand that these are potential problems, disadvantages or lost opportunities but I imagine there are many agreements including these clauses that are better then no deal.

Take the famous Microsoft/IBM deal. Sure, young Gates made history by keeping control of everything that mattered & cutting IBM out of the game. But what if IBM had been as smart as hindsight? Depending on available OS alternatives, IBM probably had enough leverage to get pretty much all of those provisions. It still would have been a big deal (for Microsoft) to get that deal done. It still would have probably been the deal that shaped the company.

It may have in itself pushed them comfortably into the 11 digit sales, put them in a good position to develop applications & be a successful (but normal) software company. so basically still a deal worth taking.

Again with hindsight, it would have been an opportunity missed. A big one worth (if you can handle huge gambles) endangering the deal altogether.

Maybe the best thing I've ever read here. Thanks!

kind of long, but a good read. Thanks

That was really good! Thanks!