This Cooperation Agreement template has been developed to facilitate formal business collaborations under Austrian law. It is particularly useful when two or more organizations wish to work together while maintaining their independent status. The document covers essential aspects required by Austrian legislation, including provisions from the ABGB (Austrian Civil Code) and UGB (Austrian Commercial Code). It's designed to be used in situations ranging from simple bilateral cooperation to complex multi-party arrangements, providing flexibility while ensuring legal compliance. The agreement includes mandatory sections required under Austrian law as well as optional components that can be tailored to specific cooperation needs. This template is regularly updated to reflect changes in Austrian business law and regulatory requirements, making it suitable for both domestic and international cooperation arrangements where Austrian law governs.
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1. Parties: Identification and details of the cooperating parties
2. Background: Context of the cooperation and brief description of each party's business
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Scope: Detailed description of the cooperation's objectives and scope
5. Duration: Term of the agreement, including commencement date and initial period
6. Obligations of the Parties: Core responsibilities and commitments of each party
7. Financial Arrangements: Cost sharing, payment terms, and financial responsibilities
8. Confidentiality: Protection of confidential information exchanged during cooperation
9. Data Protection: GDPR compliance and data handling procedures
10. Liability and Indemnification: Allocation of risks and responsibilities for damages
11. Termination: Conditions and procedures for ending the cooperation
12. Governing Law and Jurisdiction: Specification of Austrian law and competent courts
13. Miscellaneous: Standard provisions including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when cooperation involves creation or sharing of IP
2. Non-Competition: Include when parties need to restrict competitive activities
3. Personnel and Resources: Include when staff or specific resources are being shared
4. Quality Standards: Include when specific quality levels need to be maintained
5. Insurance: Include when specific insurance coverage is required
6. Marketing and Branding: Include when cooperation involves joint marketing or brand usage
7. Dispute Resolution: Include when specific dispute resolution procedures (e.g., mediation) are desired
8. Force Majeure: Include when specific events should excuse performance
9. Assignment and Subcontracting: Include when transfer rights need to be specifically regulated
1. Schedule 1 - Service Specifications: Detailed description of services or activities under cooperation
2. Schedule 2 - Key Performance Indicators: Specific metrics and targets for measuring cooperation success
3. Schedule 3 - Financial Terms: Detailed breakdown of financial arrangements and calculations
4. Schedule 4 - Contact Persons: List of key contacts and their roles for each party
5. Schedule 5 - Technical Requirements: Technical specifications or standards required for cooperation
6. Appendix A - Data Processing Agreement: Required when personal data processing is involved
7. Appendix B - Compliance Requirements: Specific regulatory or industry compliance requirements
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