If you’ve been in one of my classes, you’re familiar with some examples of why you want to run a search hit report early on, especially before you’ve agreed to the terms! I’ve shared my own experiences many times with students.
What made that process difficult was the negotiation with opposing counsel. My client had already agreed on over 200 terms with opposing counsel and had proposed many of those terms, including this one. The attorneys had prepared these terms without assistance from a technology consultant (I was brought into the project after the terms were negotiated and agreed upon) and without testing any of the terms.