The Master Partnership Agreement is a foundational document used to establish and govern complex business relationships between multiple parties operating under Indian jurisdiction. This agreement is particularly valuable when parties intend to engage in ongoing business activities that require a structured framework for collaboration. It covers essential aspects such as profit sharing, operational responsibilities, governance mechanisms, and risk allocation, while ensuring compliance with Indian legal requirements including the Partnership Act 1932 and Contract Act 1872. The document serves as an umbrella agreement under which specific projects or initiatives can be executed through supplementary agreements, making it ideal for long-term business relationships that may evolve over time.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the partnership and brief description of each party's business
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Partnership Scope and Objectives: Detailed description of partnership purpose, scope, and strategic objectives
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Rights and Obligations of Partners: Core responsibilities and rights of each party in the partnership
7. Financial Terms: Revenue sharing, payment terms, expenses, and financial obligations
8. Governance Structure: Decision-making processes, management structure, and meeting protocols
9. Intellectual Property Rights: Ownership and usage rights of existing and newly created IP
10. Confidentiality: Protection and handling of confidential information
11. Representations and Warranties: Standard assurances given by each party
12. Indemnification: Mutual indemnification obligations and liability limitations
13. Termination: Grounds for termination and consequences thereof
14. Dispute Resolution: Process for resolving disputes including arbitration provisions
15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Exclusivity: Terms regarding exclusive dealing arrangements, if applicable
2. Marketing and Branding: Guidelines for co-branding and marketing activities
3. Compliance Requirements: Specific regulatory or industry compliance obligations
4. Insurance: Required insurance coverage and limits
5. Force Majeure: Provisions for handling unforeseen circumstances
6. Data Protection: Specific provisions for handling personal data and compliance with data protection laws
7. Anti-Corruption: Compliance with anti-bribery and corruption laws
8. Environmental and Social Responsibility: Sustainability and corporate responsibility commitments
9. Non-Compete: Restrictions on competing activities
10. Assignment and Subcontracting: Rules for transferring rights or delegating obligations
1. Schedule 1 - Business Plan: Detailed business plan including targets and milestones
2. Schedule 2 - Financial Terms: Detailed breakdown of financial arrangements and calculations
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Governance Procedures: Detailed procedures for partnership management and governance
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Schedule 6 - Key Personnel: List of key personnel and their roles
7. Schedule 7 - Approved Subcontractors: List of pre-approved subcontractors if applicable
8. Appendix A - Contact Details: Contact information for key representatives
9. Appendix B - Form of Reports: Templates for required reports and notifications
10. Appendix C - Compliance Checklist: Checklist of regulatory and compliance requirements
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