The Business Cooperation Agreement is a crucial document for establishing formal business partnerships in Austria, used when two or more companies wish to collaborate while maintaining their separate legal identities. This agreement type is particularly relevant in today's interconnected business environment, where companies often need to partner for specific projects, market access, or resource sharing. Under Austrian law, such agreements must comply with the Austrian Civil Code (ABGB), Commercial Code (UGB), and competition laws. The document typically includes detailed provisions on the scope of cooperation, resource allocation, profit sharing, intellectual property rights, and confidentiality obligations. It's especially important for cross-border collaborations where at least one party operates in Austria, requiring careful consideration of both EU and Austrian-specific regulatory requirements.
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1. Parties: Identification of the contracting parties with full legal names, registration numbers, and registered addresses
2. Background: Context of the cooperation and brief description of each party's business and objectives
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Cooperation: Detailed description of the nature and extent of the business cooperation
5. Rights and Obligations: Specific responsibilities and rights of each party in the cooperation
6. Term and Termination: Duration of the agreement, renewal terms, and termination conditions
7. Financial Arrangements: Financial terms, cost sharing, and payment arrangements
8. Confidentiality: Protection of confidential information and trade secrets
9. Intellectual Property Rights: Ownership and usage rights of IP created before and during the cooperation
10. Data Protection: GDPR compliance and data handling procedures
11. Liability and Indemnification: Allocation of risks and responsibilities between parties
12. Force Majeure: Provisions for unforeseen circumstances and their handling
13. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
14. Notices: Communication procedures and contact details for official notices
15. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Non-Competition: Include when parties need to define competitive restrictions and market boundaries
2. Marketing and Branding: Include for cooperations involving joint marketing activities or brand usage
3. Quality Control: Include when cooperation involves product or service delivery requiring quality standards
4. Personnel and Resources: Include when specific staffing or resource commitments are part of the cooperation
5. Insurance: Include when specific insurance coverage is required for the cooperation
6. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
7. Exclusivity: Include when parties agree to exclusive cooperation arrangements
8. Dispute Resolution: Include when parties want to specify mediation or arbitration procedures
9. Change Control: Include when formal procedures for changes to cooperation scope are needed
10. Exit Strategy: Include when complex unwinding procedures need to be pre-defined
1. Schedule 1 - Services Description: Detailed description of services or activities covered under the cooperation
2. Schedule 2 - Commercial Terms: Detailed financial arrangements, pricing, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and quality standards if applicable
4. Schedule 4 - Technical Requirements: Technical specifications and requirements for the cooperation
5. Schedule 5 - Key Personnel: List of key contacts and responsible personnel from each party
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable
7. Schedule 7 - Brand Guidelines: Guidelines for usage of parties' brands and marketing materials
8. Appendix A - Contact Details: Comprehensive contact information for notices and day-to-day communication
9. Appendix B - Reporting Templates: Standard templates for required reporting between parties
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Manufacturing
Professional Services
Healthcare and Medical
Financial Services
Retail and E-commerce
Energy and Utilities
Telecommunications
Logistics and Transportation
Construction and Real Estate
Agriculture and Food Production
Education and Training
Media and Entertainment
Research and Development
Environmental Services
Relevant Teams
Legal
Business Development
Operations
Finance
Compliance
Commercial
Strategy
Corporate Development
Risk Management
International Business
Procurement
Partner Relations
Executive Leadership
Project Management
Relevant Roles
Chief Executive Officer
Managing Director
Business Development Manager
Legal Counsel
Chief Operating Officer
Partnership Manager
Commercial Director
Contract Manager
Chief Financial Officer
Strategy Director
Operations Manager
Project Manager
Compliance Officer
General Counsel
Head of Business Development
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