Exam 14: Contract Management

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The _____ clause in a contract stipulates that any benefits attributed to a third party (other than the buyer or supplier) identified in the contract must be enforced.

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E

A/An _____ occurs in situations in which a buyer is allowed to automatically discount the published purchase price by a negotiated percentage for all purchases from a given price list or catalog during the contract period.

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A

In the _____ approach to a systems supplier's level of service, the client company essentially turns over the entire outsourced service at a given point in time.

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C

The use of [a/an] _____, or third party, to help settle contractual disputes is the fastest-growing method of conflict resolution among contracting parties, both in the United States and overseas.

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[A/An] _____ is an intervention between conflicting parties to promote reconciliation, settlement, or compromise.

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_____ refers to the volatility of pricing conditions for major elements of the product, such as raw materials, purchased components, and labor.

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The _____ clause of a contract specifies terms such as "current price," "prior price," and other criteria that determine how or if prices will be adjusted over the course of the contract.

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All of the following are major issues to be considered with respect to e-commerce contract issues except _____.

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Purchasers cannot rely on an arbitration clause contained in their forms, particularly if the suppliers' forms do not contain such a clause.

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There is automatic determination of copyright ownership unless the consultant and the client company execute an agreement specifically assigning the copyright to the client company.

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Firm fixed price contracts are generally applicable when the goods or services procured are expensive, complex, and important to the purchasing party or when there is a high degree of uncertainty regarding labor and material costs.

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The _____ clause of a contract specifies method of manufacture and quality requirements and may include language specific to terms of quality.

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The most basic contractual pricing mechanism is called a/an _____ contract.

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Cost-based contracts are inappropriate for situations in which there is a risk that a large contingency fee might be included.

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In a firm fixed price contract, if market prices _____ the stated contract price because of outside factors such as competition, changes in technology, or raw material prices, the _____ assumes the risk or financial loss.

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The _____ clause of a contract stipulates the court of law where any disputes will be settled.

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A/An _____ is a purchase contract that is made on a continuing basis for a specified or indefinite period of time, typically exceeding one year.

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The _____ clause of a contract generally specifies who is responsible if there are injuries or damage, over the course of the contract, and any damages to be paid.

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There is an incentive, at least in the short run, for suppliers to be inefficient in cost-based contracts because they are rewarded with higher prices.

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All of the following are reasons for suppliers preferring long-term contracts except _____.

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