The Simple Exclusivity Agreement is a fundamental commercial contract used in Swiss business relationships where one party grants another exclusive rights within a defined scope. This document is particularly relevant when establishing exclusive distribution arrangements, licensing relationships, or service provision agreements in Switzerland. It must comply with the Swiss Code of Obligations and Swiss competition law, particularly regarding territorial restrictions and market impact. The agreement typically includes detailed provisions on the nature of exclusivity, geographic limitations, duration, performance requirements, and termination rights. This type of agreement is commonly used in various industries where controlled distribution or service channels are essential, requiring careful consideration of both commercial interests and legal compliance under Swiss law.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Grant of Exclusivity: Core provision defining the scope and nature of the exclusive rights granted
5. Duration and Term: Period of exclusivity and any renewal provisions
6. Obligations of the Grantor: Specific commitments and restrictions on the party granting exclusivity
7. Obligations of the Grantee: Performance requirements and commitments of the party receiving exclusive rights
8. Territory: Geographic scope of the exclusivity
9. Termination: Circumstances and procedures for ending the agreement
10. Confidentiality: Protection of confidential information exchanged under the agreement
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Minimum Performance Requirements: Used when the exclusivity is conditional on meeting specific performance targets
2. Non-Competition: Additional restrictions on competitive activities, if applicable
3. Marketing and Promotion: Include when the agreement involves specific marketing obligations
4. Quality Control: Necessary when the agreement involves products or services with specific quality standards
5. Sub-contracting Rights: Include if the grantee needs rights to sub-contract or delegate
6. Insurance Requirements: Include when specific insurance coverage is required
7. Data Protection: Include when personal data processing is involved
8. Force Majeure: Include when needed to address extraordinary circumstances affecting performance
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the exclusivity
2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory
3. Schedule 3 - Performance Metrics: Specific KPIs or performance requirements if applicable
4. Schedule 4 - Pricing and Commercial Terms: Detailed pricing structure and commercial conditions
5. Appendix A - Contact Details: Key contact persons and communication protocols
6. Appendix B - Reporting Templates: Standard forms for required performance or sales reporting
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