The Business Agreement Between Two Companies is a fundamental legal document used to establish and govern commercial relationships between business entities in India. This template is specifically designed for various business arrangements, including service agreements, supply contracts, or collaborative ventures, where two companies wish to formalize their business relationship under Indian jurisdiction. The agreement incorporates key provisions required by Indian contract law and commercial practices, making it suitable for both domestic and international companies operating in India. It includes comprehensive sections covering business terms, obligations, liabilities, and dispute resolution mechanisms, while remaining flexible enough to be adapted for specific business needs. The document is particularly relevant in today's business environment where clear, legally sound agreements are essential for risk management and successful business relationships.
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1. Parties: Identification and details of both companies entering into the agreement
2. Background: Context of the agreement and brief description of both companies' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Detailed description of the business relationship and services/goods to be exchanged
5. Term and Duration: Period of the agreement, including start date and initial term
6. Financial Terms: Pricing, payment terms, invoicing procedures, and financial obligations
7. Obligations and Responsibilities: Specific duties and responsibilities of each party
8. Representations and Warranties: Legal assurances and promises made by each party
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property Rights: Ownership and usage rights of IP involved in the agreement
11. Indemnification: Protection against losses caused by the other party's actions
12. Termination: Conditions and processes for ending the agreement
13. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Force Majeure: Provisions for unforeseen circumstances preventing performance - include if there are potential external risks
2. Insurance: Insurance requirements - include if specific coverage is needed for the business activities
3. Compliance with Laws: Specific regulatory compliance requirements - include if operating in regulated industries
4. Data Protection: Data handling and privacy provisions - include if personal or sensitive data is involved
5. Non-Competition: Restrictions on competitive activities - include if protecting market position is crucial
6. Assignment and Subcontracting: Rights to transfer obligations - include if flexibility in execution is needed
7. Audit Rights: Rights to audit performance or financials - include if oversight is necessary
8. Business Continuity: Disaster recovery and business continuation - include for critical business relationships
1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service standards
2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of pricing, rates, and payment schedules
3. Schedule 3 - Specification of Services/Goods: Detailed technical specifications or service descriptions
4. Schedule 4 - Key Personnel: List of key contacts and responsible personnel from both parties
5. Schedule 5 - Compliance Requirements: Specific regulatory or industry compliance requirements
6. Appendix A - Form of Invoice: Standard invoice format and requirements
7. Appendix B - Change Order Template: Standard format for requesting and approving changes
8. Appendix C - Report Templates: Standard formats for required reports and documentation
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Manufacturing
Professional Services
Retail and E-commerce
Healthcare
Financial Services
Construction and Real Estate
Logistics and Supply Chain
Telecommunications
Energy and Utilities
Consulting
Automotive
Agriculture and Food Processing
Media and Entertainment
Relevant Teams
Legal
Commercial
Business Development
Procurement
Operations
Risk and Compliance
Finance
Sales
Corporate Affairs
Project Management
Account Management
Administration
Relevant Roles
Chief Executive Officer
Chief Operating Officer
Commercial Director
Legal Counsel
Contract Manager
Business Development Manager
Procurement Manager
Operations Manager
Company Secretary
Risk Manager
Compliance Officer
Project Manager
Account Manager
Sales Director
Finance Manager
General Manager
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