The Partnership Framework Agreement is essential for businesses seeking to establish structured, long-term collaborative relationships under Austrian jurisdiction. This document type is particularly valuable when parties intend to engage in multiple projects or ongoing business activities together, providing a master framework that governs their overall relationship while allowing for specific project agreements to be added later. It incorporates key requirements of Austrian commercial law, including the Unternehmensgesetzbuch (UGB) and relevant EU regulations, making it suitable for both domestic and international partnerships. The agreement typically includes comprehensive provisions for governance, financial arrangements, intellectual property rights, data protection (GDPR compliance), and risk allocation, while maintaining flexibility for future collaboration.
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1. Parties: Identification and details of the partnering entities, including registration numbers and registered addresses
2. Background: Context of the partnership, including the parties' business activities and reasons for collaboration
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Partnership Scope and Objectives: Detailed description of partnership scope, goals, and intended collaboration areas
5. Term and Termination: Duration of the framework agreement, renewal provisions, and termination circumstances
6. Partnership Governance: Management structure, decision-making processes, and meeting requirements
7. Financial Arrangements: Framework for financial relationships, cost sharing, and profit distribution principles
8. Obligations of the Parties: General and specific obligations of each partner
9. Intellectual Property Rights: Ownership and usage rights of existing and newly created IP
10. Confidentiality: Protection and handling of confidential information
11. Data Protection: GDPR compliance and data handling procedures
12. Liability and Indemnification: Liability limitations and indemnification obligations
13. Force Majeure: Handling of events beyond reasonable control
14. Notices: Communication procedures and contact details
15. Governing Law and Jurisdiction: Austrian law application and jurisdiction specifications
16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Non-Competition: Restrictions on competitive activities, used when partners operate in similar markets
2. Insurance: Insurance requirements, included when specific risk coverage is necessary
3. Project-Specific Provisions: Framework for individual project agreements, used for project-based partnerships
4. Personnel and Resources: Staff and resource allocation rules, relevant for operational partnerships
5. Quality Standards: Quality requirements and standards, important for product/service delivery partnerships
6. Compliance with Laws: Specific regulatory compliance requirements, needed for regulated industries
7. Marketing and Branding: Rules for using partner brands and joint marketing, relevant for public-facing partnerships
8. Dispute Resolution: Alternative dispute resolution procedures, useful for international partnerships
1. Schedule 1 - Service Levels: Detailed service level requirements and performance metrics
2. Schedule 2 - Financial Terms: Detailed financial arrangements, pricing structures, and payment terms
3. Schedule 3 - Governance Procedures: Detailed procedures for partnership management and decision-making
4. Schedule 4 - Technical Requirements: Technical specifications and operational requirements
5. Schedule 5 - Contact Details: Key contact persons and escalation matrices
6. Appendix A - Form of Project Agreement: Template for individual project agreements under the framework
7. Appendix B - Compliance Requirements: Detailed regulatory and compliance requirements
8. Appendix C - Approved Subcontractors: List of pre-approved subcontractors and their scope
9. Appendix D - Insurance Requirements: Detailed insurance coverage requirements and minimum levels
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