The Client Exclusivity Agreement is essential for businesses seeking to establish protected, exclusive commercial relationships under English and Welsh law. This document is particularly valuable when a service provider wishes to secure a commitment from a client for exclusive business engagement, or when a client wants to ensure dedicated service provision. The agreement typically covers exclusivity scope, duration, territory, performance requirements, and termination provisions, while ensuring compliance with competition law and reasonable restraint of trade principles. It's commonly used in professional services, technology, and manufacturing sectors where exclusive relationships provide strategic advantage.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the exclusivity agreement
3. Definitions: Key terms used throughout the agreement
4. Exclusivity Obligations: Core terms of exclusivity, including scope and duration
5. Term and Termination: Duration of agreement and termination provisions
6. Confidentiality: Protection of confidential information exchanged
7. Governing Law and Jurisdiction: Specification of English and Welsh law as governing law and jurisdiction
1. Minimum Purchase Requirements: Used when exclusivity is tied to specific purchase volumes or commitments
2. Territory Restrictions: When exclusivity applies to specific geographic areas or territories
3. Performance Metrics: When maintaining exclusivity is linked to performance targets or KPIs
4. Change of Control: Required when agreement needs to address ownership changes of either party
5. Non-Solicitation: Used when parties wish to prevent solicitation of employees or customers
1. Products/Services Schedule: Detailed list of products or services covered by the exclusivity arrangement
2. Territory Schedule: Detailed definition of geographic scope and applicable territories
3. Performance Metrics Schedule: Detailed KPIs, measurement criteria and reporting requirements
4. Pricing Schedule: Price lists, pricing mechanisms or commercial terms relevant to exclusivity
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