The MoU Collaboration Agreement is a crucial document in Indonesian business practice, commonly used as a first step in establishing formal business relationships. This document type is particularly relevant when parties wish to document their intention to collaborate while working out the details of their partnership. Under Indonesian law, while MoUs are generally considered non-binding for commercial terms, they can create binding obligations regarding confidentiality and exclusivity. The document is especially useful in cross-border transactions, joint ventures, research partnerships, and strategic alliances, where parties need to establish clear principles before proceeding to more detailed agreements. The MoU Collaboration Agreement typically includes provisions that align with Indonesian Civil Code requirements while maintaining the flexibility needed for preliminary arrangements.
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1. Parties: Identification and details of the parties entering into the MoU
2. Background: Context and circumstances leading to the collaboration
3. Definitions: Key terms used throughout the agreement and their meanings
4. Purpose and Scope: Objectives of the collaboration and its intended scope
5. Principles of Collaboration: General principles governing how the parties will work together
6. Roles and Responsibilities: Basic duties and responsibilities of each party
7. Term and Termination: Duration of the MoU and conditions for termination
8. Confidentiality: Protection and handling of confidential information
9. Non-Binding Nature: Clear statement on which provisions are binding and non-binding
10. Notices: Process and contact details for formal communications
11. Governing Law: Specification of Indonesian law as the governing law
12. Entire Understanding: Statement that the MoU represents the complete understanding between parties
1. Resource Sharing: Terms for sharing resources, facilities, or personnel
2. Intellectual Property Rights: Handling of IP created during collaboration
3. Financial Arrangements: Basic terms regarding any financial commitments or cost-sharing
4. Dispute Resolution: Process for resolving disagreements, including mediation
5. Publicity and Branding: Terms for public announcements and use of logos/names
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Anti-Corruption Compliance: Compliance with anti-corruption laws and regulations
8. Further Agreements: Framework for developing detailed agreements in the future
1. Contact Details: List of key contacts and their details for each party
2. Initial Project Plan: High-level outline of planned collaborative activities
3. Resource Allocation: Detail of resources each party will contribute
4. Timeline: Proposed schedule for key milestones and activities
5. Compliance Requirements: List of regulatory requirements and compliance measures
6. Form of Definitive Agreement: Template or key terms for future detailed agreement if applicable
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