The Collaboration Framework Agreement is designed for organizations seeking to establish long-term collaborative relationships under New Zealand law. This document is particularly valuable when parties intend to undertake multiple joint projects or initiatives over time, requiring a stable legal foundation that can accommodate various forms of cooperation. It addresses key aspects such as governance structures, resource allocation, intellectual property rights, and risk management, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and competition laws. The agreement is structured to provide both certainty in fundamental terms and flexibility for specific project arrangements, making it ideal for complex, ongoing business relationships that may evolve over time.
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1. Parties: Identification and details of all parties entering into the collaboration agreement
2. Background: Context of the collaboration, including the parties' expertise and reasons for collaboration
3. Definitions: Defined terms used throughout the agreement
4. Scope of Collaboration: Detailed description of the collaboration activities and objectives
5. Term and Termination: Duration of the agreement and circumstances for termination
6. Governance Structure: Management framework, steering committee, and decision-making processes
7. Resources and Contributions: Each party's commitments in terms of personnel, facilities, and other resources
8. Intellectual Property Rights: Ownership and usage rights for background and foreground IP
9. Confidentiality: Protection and handling of confidential information
10. Liability and Indemnities: Risk allocation and limitations of liability
11. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Financial Arrangements: Used when the collaboration involves specific financial commitments or cost-sharing arrangements
2. Data Protection: Required when collaboration involves sharing or processing personal data
3. Competition Law Compliance: Needed when parties are competitors or when collaboration could raise competition law concerns
4. Export Control: Required for international collaborations involving controlled goods or technology
5. Personnel Exchange: Include when staff will be shared or seconded between parties
6. Insurance: Required when specific insurance coverage needs to be maintained by parties
7. Publicity and Branding: Include when collaboration involves public announcements or shared branding
8. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration
1. Project Plan: Detailed scope of work, timelines, and deliverables
2. Governance Structure: Detailed procedures for steering committee and working groups
3. Background IP: List of pre-existing IP brought by each party to the collaboration
4. Key Personnel: Names and roles of key team members from each party
5. Budget and Resources: Detailed breakdown of financial and resource commitments
6. Technical Requirements: Specific technical standards or requirements for the collaboration
7. Reporting Templates: Standard forms for progress reporting and monitoring
8. Contact Details: List of key contacts and notice details for each party
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