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1. Parties: Identification of the contracting parties, including their legal status and registered offices
2. Background: Context of the agreement, relationship between parties, and purpose of the loss sharing arrangement
3. Definitions: Detailed definitions of key terms including 'Loss', 'Sharing Ratio', 'Calculation Period', and other technical terms
4. Scope of Loss Sharing: Definition of losses covered, excluded losses, and territorial scope of the agreement
5. Loss Sharing Mechanism: Core provisions detailing how losses will be shared, including percentages and calculation methodologies
6. Calculation and Settlement: Procedures for loss calculation, verification, and settlement between parties
7. Payment Terms: Timing and method of payments, currency, and payment instructions
8. Representations and Warranties: Standard and specific representations regarding capacity, authority, and accuracy of information
9. Information Rights: Rights to access information, audit rights, and reporting requirements
10. Term and Termination: Duration of the agreement and circumstances allowing early termination
11. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
12. Miscellaneous: Standard provisions including notices, amendments, and severability
1. Collateral Requirements: Include when parties require security for loss sharing obligations
2. Regulatory Compliance: Include when parties are regulated entities with specific compliance requirements
3. Tax Provisions: Include when specific tax treatment or allocations need to be addressed
4. Third Party Rights: Include when loss sharing may affect or involve third parties
5. Force Majeure: Include when parties want specific provisions for extraordinary events affecting loss calculation or payment
6. Step-In Rights: Include when one party may need rights to manage loss-causing activities
7. Dispute Resolution: Include when parties want specific arbitration or mediation procedures
1. Schedule 1 - Loss Calculation Methodology: Detailed mathematical formulas and procedures for calculating shared losses
2. Schedule 2 - Reporting Template: Standard format for regular loss reporting and calculations
3. Schedule 3 - Payment Procedures: Detailed payment processes, account details, and settlement procedures
4. Schedule 4 - Excluded Losses: Comprehensive list of losses excluded from the sharing arrangement
5. Schedule 5 - Form of Loss Notice: Template for formal notification of losses under the agreement
6. Appendix A - Initial Loss Estimates: Base case scenarios and initial loss projections if applicable
7. Appendix B - Regulatory Approvals: Copies of relevant regulatory approvals or requirements
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