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Contract Glossary

Clawback

Definition

A provision that allows one party to reclaim money or benefits already paid out, usually when certain conditions aren't met or wrongdoing is discovered. The money was yours, until it wasn't.

In Practice

Clawback clauses are common in executive compensation, sales commissions, and investment agreements. A sales rep earns a $5,000 commission on a deal that falls through 60 days later, the clawback clause means the company takes that commission back. In startup equity, a clawback might let the company repurchase unvested shares if a founder leaves early.

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This content is for informational purposes only and does not constitute legal advice.