/Docs/G/SLDavid/C4DC-Guide/Form/0.md
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Ti = Understanding Public-Private Data Sharing Agreements: Questions to Consider
1.Ti = Titles and Parties
1.sec = Agreements, contracts, and policies are like short stories - that are told in the formal language of law. The Title and Parties sections provide a general sense of the kind of story (title) and the characters (“parties” in legal language) involved.
2.Ti = Scope
2.sec = Contract terms included in the Scope category help to convey the context and setting for the agreement.
3.Ti = Governance
3.sec = Contracts describe the story of the formal “relationship” of the parties. The provisions that provide the processes, procedures and performance expectations for the relationship are included in the governance category.
4.Ti = Data
4.sec = Data comes in many forms and formats and from many different sorts of sources, sensors and platforms. Data provisions of an agreement assure that the parties are in agreement with respect to the characteristics of the data that will be shared or made accessible under the agreement.
5.Ti = Hosting
5.sec = Sometimes data sharing agreements provide that a party to the agreement or third party will hold the data and make it available for others to use.
6.Ti = Party Duties
6.sec = The core value of contracts is in setting forth the parties’ respective duties and obligations. Enforceable contracts permit parties to rely on the future performance of duties by the other parties to help de-risk and leverage future interactions. All parties to an agreement are well served if the agreement describes their duties with sufficient detail and comprehensiveness that no party is surprised by the way that other parties perform.
7.Ti = Representation and Warranties
7.1.sec = Representations are assertions of fact that are made (as of the date the representation is made) by one party to another to induce the other party to enter into the contract.
7.2.sec = Warranties are promises to indemnify, (i.e., pay money to make the person “whole”), if one or more such representations/assertions are false, causing harm.
7. = [G/Z/ol-bullet/s2]
8.Ti = Risk Sharing
8.sec = Like any relationship, there are many things that can go wrong in a relationship described in a contract, including data sharing contracts. Terms included in the “risk sharing” category offer parties an opportunity to clarify how various sorts of risk will be handled and allocated among the contracting parties.
9.Ti = Timing
9.sec = Like other stories, contracts have a start, a middle, and an end. There are various provisions of an agreement that affect the timing elements of a relationship. Also, individual duties and performance expectations may be crafted in the agreement to operate during different periods depending on the expectations of the parties.
10.Ti = Governing Law and Disputes
10.sec = Like other relationships, contract relationships sometimes lead to differences of interpretation that can result in disputes. Contracts frequently provide provisions that indicate the parties' agreement on the processes, applicable law, and other issues relating to how those disputes will be handled by the parties.
= [G/Z/ol/10]