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First number the other side states is usually the least heexpects to pay, whereas the seller's first number is the highest Amount he thinks he might be able to get. My advice is to Know the number you really want to end up with and try to suggest a starting number that'll force the other side to . respond with a number that, when combined with your starting number, will average out to a number you'd be happy to accept. So what you do is propose meeting the other party in the Middle by averaging the two numbers out. My next point has to do with overcoming some of the objections you'll commonly hear in a negotiation. Sometimes the other party'li object to removing a clause that you don't want by saying something like: 'Don't worry, we won't hold you to that item, so we'll just leave it in'. In such a case, you should insist that the item's taken out. The best argument in this situation is to say that if they're not going to hold you to it, then why not just take it out of the agreement. It's important to Be aware that the people involved in making the agreement Could all one day lose their jobs or take employment with Another company, and so their promise not to hold you to Something is worthless, because they might not be around any More. Almost all agreements contain a merger clause which States that anything that was said or written before the agreement was signed does not matter unless it's explicitly Written in the agreement. All right, there are some other objections that can be raised in The course of a negotiation. These include ... Listening 2 Mr Johansson: If I may, I'd like to address another one of the clauses in the franchise agreement: the non-competition Clause here at the bottom of page three. Ms Orvatz: Yes, the non-compete. Well, I'll just say upfront that that's standard, that's in all our agreements. Mr Johansson: Right. That may be so, but I'm afraid we can't Go along with it in its present form. Ms Orvatz: What do you object to? All our franchisees accept that. It's standard practice, like I said. Mr Johansson: Well, the clause in question states, and I quote: 'In the event the franchise is terminated through the default Or a breach of this agreement by one of the parties the Franchisee and the principals hereinafter named shall not, For a period of three years have any direct or indirect Interest in any sandwich restaurant business located or Operating within five miles of the franchised business if the franchised business is located in a metropolitan area.' What this means is that in the event that the agreement Between my client and your corporation should at one time no longer be in effect, my client wouldn't be able to operate A sandwich restaurant for three full years in his own neighbourhood. I'm afraid that's out of the question. Ms Orvatz: Well, you must understand that my client has to Protect itself - I mean, a former franchisee could just come Along and set up a nearly identical sandwich restaurant Right near one of our restaurants, and with all the know-how He got from us ... Mr Johansson: Yes, I fully understand the reasoning behind Date: 2015-12-11; view: 1116
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