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Exclusivity Agreement Template for Austria

An Austrian law-governed Exclusivity Agreement is a legally binding contract that establishes exclusive rights between parties for specific products, services, or territories. This agreement, compliant with Austrian civil and competition laws as well as EU regulations, defines the scope of exclusivity, duration, obligations of both parties, and compliance requirements. It includes specific provisions to ensure adherence to Austrian competition law requirements and incorporates necessary safeguards to protect both parties' interests while maintaining compliance with EU competition regulations.

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What is a Exclusivity Agreement?

The Exclusivity Agreement is essential for businesses seeking to establish protected commercial relationships in the Austrian market. It is commonly used when one party wishes to grant another party exclusive rights to sell products, provide services, or operate in specific territories. This document must carefully balance commercial interests with Austrian and EU competition law requirements, particularly regarding market restrictions and duration of exclusivity. The agreement typically includes detailed provisions on the scope of exclusivity, performance requirements, compliance obligations, and termination rights. It's particularly important to ensure the agreement adheres to both Austrian national law requirements and European Union competition regulations, which may limit certain types of exclusive arrangements.

What sections should be included in a Exclusivity Agreement?

1. Parties: Identification and details of the contracting parties

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Exclusivity: Detailed description of the exclusive rights granted, including territory, products/services, and duration

5. Obligations of the Parties: Specific commitments and responsibilities of each party under the exclusivity arrangement

6. Term and Termination: Duration of the agreement and circumstances for termination

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

8. Confidentiality: Protection of confidential information exchanged during the relationship

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes

10. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Exclusivity Agreement?

1. Minimum Purchase Requirements: Used when the exclusivity arrangement includes specific purchase or performance targets

2. Non-Compete Provisions: Additional competition restrictions, if permitted under applicable law

3. Marketing and Promotion: Include when parties need to specify marketing obligations and restrictions

4. Quality Control: Relevant for product-based exclusivity agreements where maintaining quality standards is crucial

5. Audit Rights: Include when one party needs the right to verify compliance with exclusivity obligations

6. Sub-licensing Rights: Used when the exclusive party may need to sub-license rights to affiliates or third parties

7. Force Majeure: Include for longer-term agreements or where performance might be affected by external events

What schedules should be included in a Exclusivity Agreement?

1. Schedule 1 - Products/Services: Detailed list of products or services covered by the exclusivity arrangement

2. Schedule 2 - Territory: Detailed description or map of the exclusive territory

3. Schedule 3 - Performance Metrics: Specific targets, quotas, or KPIs if applicable

4. Schedule 4 - Pricing and Payment Terms: Detailed pricing structure and payment conditions

5. Appendix A - Compliance Requirements: Specific compliance requirements under Austrian and EU competition laws

6. Appendix B - Reporting Templates: Standard forms for required reporting under the agreement

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

Jurisdiction

Austria

Document Type

Agreement Contract

Cost

Free to use

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