OPM Case Study 2 – Negotiating terms for exit from an OPM agreement
In 2019 SHC was retained by a School that was transferring OPM services from an incumbent OPM supplier to a new partner. The in place OPM contract was not clear in multiple areas in terms of how certain service and business issues should be handled in the event of a termination. The School’s priority was to be able to move forward with certainty with the new supplier and avoid, as far as possible, any risk of disruption to educational services and/or unexpected financial consequences that might arise from the transfer and termination.
SHC took the lead in discussions with the incumbent OPM supplier and was able to negotiate a favorable outcome, and more importantly certainty and clarity, on multiple termination related issues. Types of issues covered and clarified included
- Timing of transfer of component services (Marketing, Recruitment, Student Support, Availability of LMS, etc.) to ensure a smooth transition of services
- Elimination of any concerns that might arise from contract definitions of IP Ownership
- Agreement on payment obligations after termination that included post contract revenue share on the ‘tail’ of incumbent enrolled students.