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In my opinion both parties should participate in the terms of the agreement in order to shed clarity to the terms listed in the contract and the consequences of violating any of the terms. Which brings us to the purpose of negotiating a contract; briefly it is to :
1. To ensure that you are receiving the best possible arrangement with the party that you are negotiating
2. To ensure that the contract is suited to your use/needs and not a standard agreement that might not be beneficial to you as the party concerned
3. To eliminate future risk especially with penalties , duration , escalation , natural disasters and change of managements in the case of sale of the company or so on
I hope this is helpful
Thanks
Aswan
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