This Business Agreement template is designed for use in the Philippine jurisdiction, where business relationships are primarily governed by the Civil Code of the Philippines (Republic Act No. 386) and the Revised Corporation Code (Republic Act No. 11232). The document is particularly useful for establishing formal business relationships between various entities operating in or with Philippine businesses. It includes essential provisions required by Philippine law, such as proper party identification, clear object of the contract, and consideration, while also addressing modern business needs such as data privacy compliance and electronic commerce considerations. The agreement can be customized for various business arrangements while maintaining compliance with Philippine regulatory requirements, including those from the Securities and Exchange Commission and other relevant government agencies.
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1. Parties: Identifies all parties to the agreement, including their complete legal names, addresses, and business registration details as required under Philippine law
2. Background: Provides context for the agreement, including the business relationship between the parties and their intentions
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Scope of Agreement: Outlines the primary obligations and rights of each party
5. Term and Duration: Specifies the commencement date and duration of the agreement
6. Financial Terms: Details payment terms, amounts, and payment mechanisms
7. Representations and Warranties: States the legal promises and factual assertions made by each party
8. Obligations and Responsibilities: Details specific duties and commitments of each party
9. Confidentiality: Specifies treatment of confidential information and trade secrets
10. Termination: Sets out circumstances and procedures for ending the agreement
11. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes
12. Dispute Resolution: Outlines process for resolving disagreements, including mediation or arbitration procedures
13. Execution: Formal signing section complying with Philippine notarial requirements
1. Intellectual Property Rights: Include when the agreement involves creation, licensing, or use of intellectual property
2. Data Protection: Include when personal data processing is involved, ensuring compliance with the Data Privacy Act
3. Force Majeure: Include to address unforeseeable circumstances preventing performance
4. Non-Competition: Include when parties need to be restricted from competing activities
5. Assignment and Subcontracting: Include when transfer of rights or delegation of duties needs to be addressed
6. Insurance: Include when specific insurance coverage is required
7. Compliance with Laws: Include when specific regulatory compliance needs to be highlighted
8. Change Control: Include when the agreement may need future modifications
1. Schedule 1 - Service Specifications: Detailed description of services or products covered by the agreement
2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of prices, payment schedules, and calculation methods
3. Schedule 3 - Key Personnel: List of key contacts and authorized representatives from each party
4. Schedule 4 - Service Levels: Performance metrics and standards if applicable
5. Schedule 5 - Data Processing Requirements: Specific data handling procedures and requirements
6. Appendix A - Required Forms: Standard forms or templates to be used during the agreement
7. Appendix B - Technical Requirements: Technical specifications or requirements
8. Appendix C - Compliance Certificates: Copies of relevant licenses, permits, or certificates
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology and Software
Retail and Consumer Goods
Financial Services
Professional Services
Healthcare
Real Estate and Construction
Agriculture and Food Processing
Telecommunications
Energy and Utilities
Transportation and Logistics
Education
Tourism and Hospitality
Business Process Outsourcing
Relevant Teams
Legal
Commercial
Business Development
Operations
Procurement
Compliance
Risk Management
Finance
Corporate Secretariat
Project Management
Account Management
Executive Leadership
Relevant Roles
Chief Executive Officer
Managing Director
Chief Legal Officer
Legal Counsel
Corporate Secretary
Business Development Manager
Commercial Director
Operations Manager
Procurement Manager
Contract Administrator
Compliance Officer
Risk Manager
Chief Financial Officer
Project Manager
Account Executive
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