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1 ADVANCE for Executive Insight

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equirements you put together earlier in<br />

the process. There should be no surprises;<br />

these are items you should have been discussing<br />

all along with your vendor. If the<br />

vendor cannot provide an SLA you are<br />

com<strong>for</strong>table with, find a new one.<br />

cloud contract<br />

in. Your ultimate goal is to protect the organization<br />

in case there is a problem. But remember,<br />

the contract is only a piece of paper<br />

and should be one component of your<br />

overall continuity strategy. Pay attention to<br />

the details and enjoy the sausage.<br />

Penalties – This is where it gets a little<br />

dicey. Generally, clients never think they<br />

are punitive enough and vendors think<br />

they are excessive. To be fair, penalties are<br />

not there to ensure reimbursement of any<br />

costs due to not meeting an SLA. They are<br />

a deterrent to encourage the vendor to do<br />

the right thing.<br />

Breach – You need to determine the<br />

situations you could potentially be put in<br />

where you would want to end the contract<br />

prior to the end of the term. This<br />

will include various egregious actions by<br />

the vendor but also should include the inability<br />

to maintain SLAs. Penalties are not<br />

going to cover all your losses. You should<br />

include language <strong>for</strong> breaking the contract<br />

if a vendor has a number of SLA failures<br />

during a period of time, such as three<br />

events in a single month.<br />

Termination – Just as you carefully plan<br />

how you are going to migrate your computing<br />

services to the cloud, you need to<br />

pay just as much attention to how you<br />

would get them back in case you part<br />

ways with the vendor. Chances are if you<br />

are parting ways, it is not amicable. The<br />

contract should be specific on what the<br />

vendor and client responsibilities are and<br />

specify timelines <strong>for</strong> critical activities. Another<br />

area you may want to consider is<br />

change of ownership or a bankruptcy. If<br />

the vendor is acquired or goes bankrupt,<br />

what are your rights? I address this by encouraging<br />

the vendor to give the client a<br />

termination option. This is especially important<br />

if you dislike the new ownership.<br />

Plan <strong>for</strong> Protection<br />

There are numerous items that make up a<br />

good contract, many of which are basic and<br />

not included here. While negotiating the<br />

contract, you need to keep visualizing the<br />

worst possible situations you could be put<br />

DREAMS, COLLABORATION<br />

AND DETERMINATION<br />

BUILT THIS HOSPITAL FROM<br />

THE GROUND UP.<br />

Seton Medical Center Harker Heights, Harker Heights,Texas<br />

It started with 80 local physicians who saw a need <strong>for</strong> choice and dedicated<br />

themselves to that goal. Their passion and determination led them to LHP and the<br />

Seton Family of Hospitals, where a joint venture partnership offered the capital and<br />

courage necessary to break ground during challenging economic times.<br />

The result is the first hospital built in Bell County, Texas, in more than 35 years—<br />

with an acclaimed healthcare team put together from the ground up, a state-of-the-art<br />

shared-governance facility opened ahead of schedule and a dream fulfilled <strong>for</strong><br />

physicians who sought to improve healthcare choices and delivery <strong>for</strong> their patients.<br />

If you’d like to hear more about LHP’s joint venture strategy and how it could work<br />

<strong>for</strong> you, contact LHP CEO Dan Moen at (972) 943-1702. To learn more about<br />

Seton Medical Center Harker Heights, visit www.SMCHHStory.com.<br />

LHP 17343.7 <strong>Executive</strong> Insite 4.875˝ x 7.5˝ __________Spell Check ________Prod. Artist ________Art Dir. ________Copywriter ________Copy Editor________Creative Dir.<br />

LHP 17343.7 HealthLeadersSMCHH <strong>Executive</strong><strong>Insight</strong>.indd 1<br />

7/16/12 1:24 PM<br />

<strong>ADVANCE</strong> <strong>for</strong> <strong>Executive</strong> <strong>Insight</strong><br />

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