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Business Exclusivity Agreement Template for Austria

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Key Requirements PROMPT example:

Business Exclusivity Agreement

"I need a Business Exclusivity Agreement under Austrian law for appointing an exclusive distributor of our medical devices in Vienna and Lower Austria, with a 3-year term starting January 2025 and including quarterly performance targets."

Document background
The Business Exclusivity Agreement is a crucial commercial document used when establishing exclusive business relationships in Austria. It is particularly relevant when companies wish to create protected commercial arrangements such as exclusive distribution rights, manufacturing licenses, or service provision agreements. The document must carefully balance commercial interests with legal compliance, especially regarding Austrian competition law (Kartellgesetz) and EU regulations. The agreement typically specifies exclusive rights, territorial limitations, performance obligations, and duration, while ensuring compliance with both domestic and EU competition laws. It is essential for businesses seeking to establish or formalize exclusive commercial relationships in Austria, whether for distribution, manufacturing, or service arrangements.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Exclusivity: Detailed description of the exclusive rights and obligations granted

5. Territory: Geographic area covered by the exclusivity arrangement

6. Duration and Term: Length of the agreement and renewal provisions

7. Obligations of the Parties: Specific duties and responsibilities of each party

8. Competition Compliance: Provisions ensuring compliance with Austrian and EU competition laws

9. Performance Targets: Minimum performance requirements and metrics

10. Payment Terms: Financial arrangements and payment conditions

11. Confidentiality: Protection of confidential information and trade secrets

12. Termination: Conditions and procedures for ending the agreement

13. Post-Termination Obligations: Duties and restrictions that survive termination

14. Governing Law and Jurisdiction: Confirmation of Austrian law application and dispute resolution

Optional Sections

1. Non-Compete Provisions: Additional competition restrictions, used when parties agree to broader competitive restrictions

2. Intellectual Property Rights: IP ownership and licensing terms, included when IP is relevant to the exclusive arrangement

3. Marketing and Promotion: Marketing obligations and restrictions, relevant for distribution or retail agreements

4. Training and Support: Details of support services, included in technical or specialized business arrangements

5. Insurance Requirements: Specific insurance obligations, important for high-risk activities

6. Assignment and Subcontracting: Rights to transfer or delegate obligations, needed for complex business structures

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term agreements

8. Data Protection: GDPR compliance provisions, required when personal data processing is involved

Suggested Schedules

1. Schedule 1 - Territory Definition: Detailed maps or descriptions of the exclusive territory

2. Schedule 2 - Products or Services: Comprehensive list of products or services covered by the exclusivity

3. Schedule 3 - Performance Metrics: Detailed performance targets and measurement criteria

4. Schedule 4 - Fee Schedule: Detailed pricing, commission structures, or payment terms

5. Schedule 5 - Technical Requirements: Technical specifications or operational requirements

6. Appendix A - Compliance Checklist: Competition law compliance requirements and checkpoints

7. Appendix B - Reporting Templates: Standard forms for performance reporting and monitoring

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Manufacturing

Retail

Distribution

Technology

Pharmaceuticals

Automotive

Consumer Goods

Industrial Equipment

Software and IT

Professional Services

Food and Beverage

Healthcare

Telecommunications

Fashion and Luxury Goods

Construction Materials

Relevant Teams

Legal

Commercial

Sales

Business Development

Procurement

Compliance

Operations

Corporate Strategy

Finance

Distribution

Partner Management

Relevant Roles

Chief Executive Officer

Commercial Director

Legal Counsel

Business Development Manager

Sales Director

Procurement Manager

Contract Manager

Compliance Officer

Operations Director

Managing Director

Distribution Manager

Partnership Manager

Strategic Alliance Manager

Regional Sales Manager

General Counsel

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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