Side Agreements are commonly used in Swiss commercial practice when parties need to modify or supplement an existing contractual relationship without altering the entire main agreement. This document type is particularly valuable when parties wish to keep certain commercial terms confidential or separate from the main agreement, or when they need to address specific issues that have arisen during the course of the business relationship. The Side Agreement must comply with Swiss law, particularly the Swiss Code of Obligations, and should clearly reference its relationship to the main agreement. It's frequently used in complex commercial transactions, financial arrangements, and international business dealings where Switzerland's stable legal framework provides security for the parties involved.
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1. Parties: Identification of all parties to the side agreement (must match or be a subset of the main agreement's parties)
2. Background: Context of the side agreement, including reference to the main agreement and reasons for this side agreement
3. Definitions: Key terms used in the side agreement, incorporating relevant definitions from the main agreement
4. Relationship with Main Agreement: Explicit statement of how this side agreement relates to and affects the main agreement
5. Subject Matter: Specific provisions being modified, added, or clarified in relation to the main agreement
6. Duration and Termination: Term of the side agreement and its relationship to the main agreement's duration
7. Confidentiality: Provisions regarding the confidential nature of the side agreement if different from main agreement
8. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction (typically matching main agreement)
1. Consideration: Required if the side agreement involves new or modified financial terms
2. Representations and Warranties: Include if new representations are needed beyond the main agreement
3. Compliance: Include if the side agreement involves regulatory or compliance matters not covered in main agreement
4. Notice Provisions: Include if different from main agreement's notice provisions
5. Assignment: Include if transfer rights differ from main agreement
6. Third Party Rights: Include if the side agreement affects or creates rights for third parties
7. Force Majeure: Include if different from main agreement's force majeure provisions
1. Schedule of Modifications: Detailed list of specific clauses being modified in the main agreement
2. Schedule of Additional Terms: New terms being added to the main agreement arrangement
3. Schedule of Affected Documents: List of all documents affected by this side agreement
4. Financial Schedule: If applicable, details of any financial modifications or additions
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