This Mutual Exclusivity Agreement template is designed for use in commercial relationships where one party grants another party exclusive rights within specific parameters under Swiss law. It is particularly valuable for businesses establishing exclusive distribution arrangements, technology licensing, or service provision relationships in Switzerland. The document incorporates essential elements required by Swiss contract law and competition regulations, including clear definitions of exclusivity scope, territorial limitations, and duration. It addresses key commercial concerns such as performance obligations, confidentiality, and termination rights while ensuring compliance with Swiss legal requirements, particularly those found in the Code of Obligations and Federal Act on Cartels. This template is especially relevant for international businesses operating in Switzerland or Swiss companies establishing exclusive commercial relationships, providing a robust framework for managing exclusive business arrangements while mitigating legal risks.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions: Key terms used throughout the agreement, including specific industry terminology
4. Scope of Exclusivity: Detailed description of the exclusive rights granted, including any territorial or product-specific limitations
5. Duration: Term of the agreement, including commencement date and initial period
6. Obligations of Party A: Specific commitments and responsibilities of the party granting exclusivity
7. Obligations of Party B: Specific commitments and responsibilities of the party receiving exclusive rights
8. Financial Terms: Payment terms, fees, or other financial arrangements related to the exclusive arrangement
9. Confidentiality: Provisions protecting confidential information exchanged during the relationship
10. Non-Circumvention: Provisions preventing parties from circumventing the exclusivity arrangements
11. Termination: Circumstances and procedures for ending the agreement
12. Consequences of Termination: Effects and obligations following termination
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and notices
1. Minimum Purchase Requirements: Used when exclusivity is tied to minimum purchase or performance targets
2. Marketing and Promotion: Include when parties need to specify marketing obligations and brand usage
3. Quality Control: Required when product or service quality standards need to be maintained
4. Non-Competition: Additional competition restrictions beyond basic exclusivity
5. Force Majeure: Specific provisions for handling unforeseen circumstances
6. Insurance: Include when specific insurance coverage is required
7. Data Protection: Required when personal data processing is involved in the exclusive relationship
8. Audit Rights: Include when verification of compliance with exclusivity terms is needed
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the exclusivity
2. Schedule 2 - Territory: Detailed description or map of the exclusive territory
3. Schedule 3 - Performance Metrics: Specific KPIs or targets related to the exclusivity arrangement
4. Schedule 4 - Fee Schedule: Detailed breakdown of any fees, royalties, or financial arrangements
5. Schedule 5 - Technical Specifications: Any technical requirements or specifications relevant to the exclusive arrangement
6. Appendix A - Contact Details: Key contact persons and notice details for both parties
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the arrangement
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