The State of Indiana v. IBM has been much discussed among contract drafters since the trial court found in favor of IBM, a provider of services and equipment to the State of Indiana, after a lengthy dissection of its master services agreement. In doing so, the trial court’s opinion gave drafters of similar contracts a number of items to consider. This year, the Court of Appeals in Indiana issued a partial reversal of the trial court’s decision and with it, the drafting lessons evolved. Attorneys involved in drafting complex information technology agreements should consider reading both opinions as they contain extensive discussions of contracting provisions commonly included in these agreements. This article, due to length, focuses on only one provision that was pivotal to the Court of Appeals decision.