The Business Agreement Between Two Parties is a fundamental legal document used to formalize commercial relationships under Swiss law. It is particularly relevant when two business entities need to establish a clear legal framework for their cooperation, whether for service provision, supply arrangements, or other commercial collaborations. This template is designed in accordance with the Swiss Code of Obligations and incorporates essential elements required for enforceability in Switzerland. It is commonly used when parties need to define their business relationship, set out rights and obligations, establish payment terms, and provide for dispute resolution mechanisms. The document is adaptable to various business contexts while maintaining compliance with Swiss legal requirements and commercial practices. It serves as a comprehensive foundation for business relationships, providing clarity and legal certainty for both parties involved.
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1. Parties: Identification and details of the contracting parties, including registered addresses and registration numbers
2. Background: Context of the agreement and brief description of why the parties are entering into it
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Agreement: Clear outline of what the agreement covers and its primary purpose
5. Rights and Obligations: Detailed description of each party's rights and responsibilities under the agreement
6. Financial Terms: Payment terms, amounts, currencies, and payment methods
7. Duration and Termination: Term of the agreement and conditions for termination
8. Confidentiality: Obligations regarding confidential information and trade secrets
9. Liability and Indemnification: Extent of liability and indemnification obligations of each party
10. Force Majeure: Provisions for unforeseen circumstances preventing performance
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
12. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the agreement involves IP transfer, licensing, or protection
2. Data Protection: Include when personal data processing is involved, ensuring FADP compliance
3. Non-Competition: Include when parties need to be restricted from competing activities
4. Insurance: Include when specific insurance coverage is required from either party
5. Quality Control: Include for agreements involving product or service delivery standards
6. Audit Rights: Include when one party needs rights to audit the other's compliance
7. Assignment and Subcontracting: Include when transfer of rights or subcontracting needs to be regulated
8. Environmental Compliance: Include when environmental standards or regulations are relevant
1. Schedule 1 - Service Level Agreement: Detailed performance metrics and service levels
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, rates, and payment terms
3. Schedule 3 - Technical Specifications: Technical details of products or services
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Appendix A - Contact Details: Detailed contact information for notices and communications
6. Appendix B - Required Insurance Coverage: Specific insurance requirements and minimum coverage levels
7. Appendix C - Compliance Requirements: Specific regulatory or compliance requirements
8. Appendix D - Form of Notice: Template for formal notices under the agreement
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