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Transfer Of Service Agreement
1. Parties: Identification of the transferor (current service provider) and transferee (new service provider), including full legal names, registration numbers, and addresses
2. Background: Context of the service transfer, including the existing service arrangement and reason for transfer
3. Definitions: Defined terms used throughout the agreement, including Services, Transfer Date, Transferred Assets, and other key concepts
4. Scope of Transfer: Detailed description of the services being transferred, including all associated rights, obligations, and responsibilities
5. Transfer Process: Step-by-step process for implementing the transfer, including timeline, milestones, and responsibilities of each party
6. Transfer of Assets: Details of any physical or intellectual property assets being transferred as part of the service transition
7. Personnel Matters: Provisions regarding the transfer of employees, including TUPE considerations and employee consultations
8. Data Protection: Obligations regarding the transfer and protection of personal data in compliance with GDPR and Danish Data Protection Act
9. Intellectual Property Rights: Provisions regarding the transfer, licensing, or continued use of intellectual property
10. Warranties and Representations: Statements of fact and promises made by each party regarding their capacity, authority, and the transferred services
11. Liability and Indemnities: Allocation of risks and responsibilities between parties, including indemnification provisions
12. Confidentiality: Obligations regarding the protection of confidential information during and after the transfer
13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for dispute resolution
14. Force Majeure: Provisions for handling circumstances beyond parties' control that may affect the transfer
1. Transition Services: Details of any temporary services to be provided by the transferor to ensure smooth transition - include when there's a phased transfer
2. Third Party Contracts: Provisions for handling existing third-party contracts - include when service delivery involves significant subcontractors
3. Insurance: Requirements for insurance coverage during and after transfer - include for high-risk services
4. Non-Competition: Restrictions on competitive activities - include when protecting market position is crucial
5. Customer Communications: Protocol for communicating with service recipients - include when service has direct customer impact
6. Environmental Compliance: Environmental obligations and transfers - include when service involves environmental impacts
7. Regulatory Compliance: Specific regulatory obligations - include for regulated industries
8. Business Continuity: Provisions for maintaining service continuity - include for critical services
1. Schedule 1 - Transferred Services: Detailed specification of all services being transferred, including service levels and performance metrics
2. Schedule 2 - Transferred Assets: Comprehensive list and description of all assets being transferred
3. Schedule 3 - Transferred Employees: List of transferring employees and their key employment terms
4. Schedule 4 - Transition Plan: Detailed timeline and methodology for implementing the transfer
5. Schedule 5 - Data Processing Agreement: Specific terms for handling personal data in compliance with GDPR
6. Schedule 6 - Existing Contracts: List of relevant third-party contracts and their handling
7. Schedule 7 - Known Issues and Solutions: Documentation of known service issues and agreed solutions
8. Appendix A - Service Level Agreements: Detailed service level requirements and measurement criteria
9. Appendix B - Technical Specifications: Technical details of service delivery and infrastructure
10. Appendix C - Contact Details: Key contacts and escalation procedures for both parties
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