The Collaboration Agreement is a crucial legal instrument used in Indonesian business practice to formalize partnerships and joint ventures between various entities. It is particularly relevant in today's interconnected business environment where organizations increasingly need to work together to achieve common objectives. This document type is designed to comply with Indonesian legal requirements, including the Civil Code (KUHPerdata) and relevant business regulations, while providing a comprehensive framework for collaborative ventures. The agreement typically covers essential aspects such as scope of collaboration, resource sharing, intellectual property rights, confidentiality, and risk allocation. It's commonly used when parties wish to maintain their separate legal identities while working together on specific projects or in defined areas of cooperation.
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1. Parties: Identifies and provides full details of all parties entering into the collaboration agreement
2. Background: Sets out the context and purpose of the collaboration and each party's general intentions
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Scope of Collaboration: Details the specific areas and activities covered by the collaboration
5. Rights and Obligations: Outlines the specific responsibilities and rights of each party in the collaboration
6. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated
7. Financial Arrangements: Details the financial aspects including cost sharing, revenue sharing, and payment terms
8. Intellectual Property Rights: Addresses ownership and usage rights of existing and newly created intellectual property
9. Confidentiality: Establishes obligations regarding confidential information shared during the collaboration
10. Representations and Warranties: Contains basic promises and assertions made by each party
11. Liability and Indemnification: Sets out the allocation of risks and responsibilities for potential losses or damages
12. Dispute Resolution: Specifies procedures for resolving any disputes that may arise
13. Governing Law: Confirms Indonesian law as governing law and jurisdiction
14. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and severability
1. Data Protection: Required when collaboration involves sharing or processing of personal data
2. Employment and Secondment: Needed when staff will be shared or seconded between parties
3. Technology Transfer: Include when collaboration involves transfer of technical knowledge or technology
4. Export Control: Required for international collaborations involving controlled goods or technology
5. Insurance: Include when specific insurance requirements need to be maintained
6. Competition Compliance: Needed when parties are competitors or collaboration affects market competition
7. Force Majeure: Optional clause for handling unforeseen circumstances preventing performance
8. Brand Usage: Include when collaboration involves use of parties' brands or trademarks
1. Project Plan: Detailed timeline and milestones for the collaboration activities
2. Financial Terms: Detailed breakdown of financial arrangements, including budgets and cost allocation
3. Key Personnel: List of key individuals involved and their roles in the collaboration
4. Technical Specifications: Detailed technical requirements or specifications for the collaboration
5. Service Levels: Performance metrics and standards to be maintained during collaboration
6. Background IP: List of pre-existing intellectual property brought to the collaboration
7. Approved Subcontractors: List of pre-approved subcontractors if relevant to the collaboration
8. Compliance Requirements: Specific regulatory or compliance requirements applicable to the collaboration
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