The Enterprise Framework Agreement serves as a master agreement under Nigerian law, designed to govern long-term commercial relationships where parties anticipate multiple transactions over time. It is particularly useful for businesses engaging in regular, repeated transactions who wish to avoid negotiating terms for each individual order. The agreement establishes standard terms, pricing mechanisms, and operational procedures while ensuring compliance with Nigerian regulatory requirements, including corporate law, competition law, and sector-specific regulations. It typically includes detailed schedules for specific aspects like services, pricing, and performance metrics, with provisions for call-off contracts that can be executed more efficiently under the pre-agreed framework terms. This type of agreement is especially valuable for complex supply chains, ongoing service arrangements, and situations requiring consistent terms across multiple transactions.
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1. Parties: Identification of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and general purpose of the framework
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Framework Structure: Explanation of how the framework operates, including procedure for call-off contracts
5. Duration and Term: Initial term, extension options, and termination dates of the framework
6. Ordering Process: Procedures for placing orders under the framework, including quotation and acceptance processes
7. Prices and Payment: Pricing mechanisms, payment terms, invoicing requirements, and price adjustment provisions
8. Performance Standards: Quality standards, service levels, and performance metrics applicable to all call-offs
9. Obligations of the Supplier: Core obligations, delivery requirements, and compliance commitments
10. Obligations of the Customer: Customer responsibilities, cooperation requirements, and access provisions
11. Compliance and Regulations: Regulatory compliance requirements, including Nigerian law specific provisions
12. Intellectual Property Rights: Ownership and usage rights of IP, including pre-existing and created IP
13. Confidentiality: Protection of confidential information and trade secrets
14. Data Protection: Compliance with Nigerian Data Protection Regulation and data handling requirements
15. Liability and Indemnities: Limitation of liability, indemnification provisions, and insurance requirements
16. Force Majeure: Events constituting force majeure and consequences
17. Termination: Termination rights, grounds for termination, and consequences of termination
18. Dispute Resolution: Dispute resolution procedures, including Nigerian law requirements
19. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Change Control: Procedures for changing framework terms - include if framework likely to need adaptation over time
2. Environmental Compliance: Environmental standards and commitments - include if environmentally sensitive goods/services
3. Anti-Corruption Compliance: Detailed anti-corruption provisions - include for high-value frameworks or government contracts
4. Local Content Requirements: Nigerian local content requirements - include if in regulated sectors like oil & gas
5. Export Control: Export control provisions - include if international trade involved
6. Security Requirements: Security protocols and requirements - include if handling sensitive information/facilities
7. Business Continuity: Business continuity and disaster recovery - include for critical services/supplies
8. Parent Company Guarantee: Parent company guarantee provisions - include if supplier subsidiary requires backing
9. Currency and Exchange Rate: Currency conversion and exchange rate provisions - include for international transactions
10. Training and Support: Training and support obligations - include for technical products/services
1. Schedule 1 - Goods and/or Services: Detailed specification of goods/services covered by the framework
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and calculation methodologies
3. Schedule 3 - Service Levels: Detailed service level agreements and performance metrics
4. Schedule 4 - Order Form Template: Template for placing orders under the framework
5. Schedule 5 - Contract Management: Contract management procedures and governance structure
6. Schedule 6 - Key Personnel: Details of key personnel from both parties
7. Schedule 7 - Implementation Plan: Timeline and milestones for framework implementation
8. Schedule 8 - Security Requirements: Detailed security protocols and compliance requirements
9. Schedule 9 - Exit Management: Procedures for framework termination and transition
10. Appendix A - Form of Call-off Contract: Template agreement for individual orders under the framework
11. Appendix B - Change Request Form: Template for requesting changes to the framework
12. Appendix C - Reports and Documentation: Templates and requirements for regular reporting
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