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October 16, 2019

BY Frank Bruno

Blog post #2. As the second edition to our video series on Managing Technology Acquisitions Risk, the word "acquisitions" is plural because in any technology stack, there exists many moving parts that play a critical role in uptime. The purpose for this introduction is to convey the notion that you need to have a neutral third party ("HiredHenchman") who can ensure that the multiple moving parts to your new WizBang Integrated Multi Stack Hybrid Cloud environment are compliant with the various contractual agreements, specifically those containing Service Level Commitments and Escrow Provisions. It is not enough to have rigorous terms and conditions, unless you plan to enforce them or at least inspect what you expect. Then, when any one piece of the value chain breaks or needs replacing, the buyer isn't locked into the vendor stickiness play that so many software companies are notorious for negotiating.

A HiredHenchman is someone you trust to ask the right questions and to keep an eye on changes in the technology stack including interoperability blips (when Technology Providers are non-compliant). Problem resolution, dispute resolution and executing remedies should be an active part of managing the overall vendor relationship and slicing through the ambiguity of "who did what" or "who didn't do what" can only occur when compliance testing is done. And, this isn't something that your escrow agent(s) can do considering they themselves are an important piece of the overall value chain (a moving part if you will).

For sure you would want to know that your parachute is going to open before you jump out of the plane. No CFO in their right mind would spend big money on a digital transformation without knowing the company had a means to recover from the technology acquisitions risk like material breach and business failures.
We’ll examine material breach and business failures in the next blog. Till then, Ta Ta.


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