The Master Agreement And Sub Agreement structure is designed for businesses requiring a flexible yet controlled framework for managing multiple transactions or ongoing services under Dutch law. This document type is particularly valuable when parties anticipate multiple transactions or service arrangements that will share common terms but require specific operational details for each instance. The master agreement establishes the overarching legal framework, while sub agreements capture transaction-specific details without needing to renegotiate fundamental terms. This approach is commonly used in complex business relationships where standardization and efficiency are priority, while maintaining flexibility for specific arrangements. The structure complies with Dutch civil law requirements and incorporates relevant EU regulations, making it suitable for both domestic Dutch operations and European cross-border transactions.
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1. Parties: Identification of the contracting parties, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the master agreement structure
3. Definitions: Definitions of terms used throughout both master and sub agreements, ensuring consistency across all documents
4. Structure and Interpretation: Explanation of how the master agreement and sub agreements interact, order of precedence, and interpretation rules
5. Term and Termination: Duration of the master agreement, renewal provisions, and circumstances for termination
6. Sub Agreement Process: Process for entering into sub agreements, including form requirements and approval procedures
7. General Obligations: Core obligations applicable to all activities under the master agreement and sub agreements
8. Pricing and Payment Terms: Framework for pricing, payment terms, and invoicing procedures
9. Intellectual Property Rights: General provisions regarding IP ownership, licenses, and protection
10. Confidentiality: Protection of confidential information exchanged under both master and sub agreements
11. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
12. Insurance: Required insurance coverage for activities under the agreement
13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
2. Compliance with Laws: Specific compliance obligations when operating in regulated industries
3. Service Levels: Framework for service level agreements when applicable to the business relationship
4. Change Control: Procedures for making changes to master or sub agreements when complex operational changes are anticipated
5. Personnel: Requirements regarding personnel when services involve dedicated staff or on-site work
6. Business Continuity: Business continuity and disaster recovery requirements for critical business relationships
7. Parent Company Guarantee: When financial security from a parent company is required
8. Anti-Corruption: Specific anti-corruption provisions for international business relationships
9. Export Control: Required for international trade or technology transfer arrangements
1. Template Sub Agreement: Standard form sub agreement template to be used for specific transactions
2. Pricing Schedule: Detailed pricing structure, rates, and calculation methodologies
3. Service Description: Detailed description of services or products covered by the agreement
4. Technical Requirements: Technical specifications and requirements applicable to all sub agreements
5. Security Requirements: Security standards and protocols to be followed
6. Key Personnel: List of key personnel and their roles when applicable
7. Approved Subcontractors: List of pre-approved subcontractors and their scope of work
8. Service Levels and KPIs: Detailed service levels and key performance indicators
9. Change Request Form: Standard form for requesting changes to master or sub agreements
10. Notice Requirements: Specific notice requirements and contact details for both parties
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