This Cooperation Agreement template is designed for use under Australian law when parties wish to establish a formal collaborative relationship while maintaining their separate legal identities. It is particularly useful for joint initiatives, strategic alliances, research collaborations, or industry partnerships where parties need to define their respective roles, responsibilities, and shared objectives. The document incorporates essential elements required by Australian contract law and competition regulations, while providing flexibility to accommodate various cooperation models. It includes provisions for governance, resource sharing, intellectual property management, and risk allocation, making it suitable for both simple and complex cooperation arrangements. The agreement can be customized to address specific industry requirements, regulatory compliance needs, and the particular objectives of the cooperating parties.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and purpose of the cooperation arrangement
3. Definitions and Interpretation: Defines key terms used in the agreement and establishes interpretation principles
4. Scope of Cooperation: Outlines the fundamental nature and extent of the cooperation between the parties
5. Term and Termination: Specifies the duration of the agreement and circumstances for termination
6. Obligations of the Parties: Details the key responsibilities and commitments of each party
7. Governance: Establishes management structure and decision-making processes for the cooperation
8. Intellectual Property Rights: Addresses ownership and usage rights of existing and new IP
9. Confidentiality: Governs the handling and protection of confidential information
10. Liability and Indemnities: Sets out the allocation of risks and responsibilities between parties
11. Force Majeure: Addresses unforeseen circumstances preventing performance
12. Dispute Resolution: Establishes procedures for resolving disagreements
13. General Provisions: Contains standard boilerplate clauses including notices, amendment process, and governing law
14. Execution: Formal signing section including execution blocks for all parties
1. Financial Arrangements: Include when the cooperation involves financial commitments or cost-sharing
2. Resource Sharing: Use when parties will share physical or human resources
3. Data Protection: Include when cooperation involves sharing or processing personal data
4. Marketing and Branding: Add when cooperation includes joint marketing or brand usage
5. Insurance: Include when specific insurance requirements need to be maintained
6. Compliance: Add when cooperation involves regulated activities or specific compliance requirements
7. Third Party Rights: Include when agreement affects or involves rights of third parties
8. Export Control: Add for international cooperation involving controlled goods or technology
1. Schedule 1 - Scope of Work: Detailed description of cooperation activities and deliverables
2. Schedule 2 - Contact Details: Key contact persons and their details for each party
3. Schedule 3 - Governance Procedures: Detailed procedures for management and decision-making
4. Schedule 4 - Financial Terms: Detailed financial arrangements, pricing, or cost-sharing mechanisms
5. Schedule 5 - Technical Specifications: Technical requirements or standards relevant to the cooperation
6. Schedule 6 - Service Levels: Performance metrics and service standards if applicable
7. Appendix A - Forms and Templates: Standard forms used in the cooperation (e.g., report templates)
8. Appendix B - Insurance Requirements: Detailed insurance requirements and specifications
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