The Master Agreement is designed for businesses seeking to establish a long-term contractual framework under Austrian law. It is particularly suitable for complex commercial relationships where parties anticipate multiple transactions or service engagements over time. The document provides a comprehensive legal foundation that reduces the need to negotiate basic terms for each subsequent transaction, while maintaining flexibility for specific arrangements through purchase orders or statements of work. This Master Agreement incorporates all essential elements required under Austrian commercial law (UGB) and civil law (ABGB), addresses key business and legal risks, and includes provisions for modern business practices such as data protection and electronic commerce. It is structured to accommodate various business models while ensuring compliance with both Austrian and relevant EU regulations.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement and general business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overall scope and purpose of the master agreement and its relationship to subsequent agreements
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Order Process: Process for placing and accepting orders under the master agreement
7. Prices and Payment Terms: General pricing principles, payment terms, and invoicing requirements
8. General Obligations: Core obligations of both parties under the master agreement
9. Confidentiality: Provisions protecting confidential information exchanged between parties
10. Intellectual Property: IP ownership, licenses, and protection measures
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Force Majeure: Circumstances excusing performance and related procedures
13. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions
14. General Provisions: Miscellaneous legal provisions including severability, entire agreement, and amendments
1. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance
2. Insurance: Include when specific insurance requirements need to be maintained by either party
3. Compliance: Add when specific regulatory compliance obligations need to be addressed
4. Service Levels: Include for agreements involving ongoing services with performance metrics
5. Quality Requirements: Add for agreements involving product supply or manufacturing
6. Audit Rights: Include when one party needs rights to audit the other's compliance or performance
7. Personnel Requirements: Add when specific qualifications or security clearances are needed for personnel
8. Business Continuity: Include for critical business relationships requiring disaster recovery plans
1. Schedule 1 - Pricing Schedule: Detailed pricing structure, rates, and any volume discounts
2. Schedule 2 - Service/Product Specifications: Detailed specifications of services or products covered
3. Schedule 3 - Service Levels: Detailed service level requirements and measurement metrics
4. Schedule 4 - Technical Requirements: Technical specifications and requirements
5. Schedule 5 - Contact Details: Key contacts and escalation procedures
6. Schedule 6 - Form of Order: Template for individual orders under the master agreement
7. Schedule 7 - Data Processing Agreement: Detailed GDPR-compliant data processing terms if applicable
8. Schedule 8 - Change Control Procedure: Process for implementing changes to services or products
Relevant legal definitions
Agreement
Applicable Law
Business Day
Confidential Information
Commencement Date
Customer
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Order
Personnel
Personal Data
Products
Professional Services
Purchase Order
Quality Standards
Renewal Term
Representatives
Services
Service Levels
Specifications
Statement of Work
Subsidiary
Supplier
Term
Third Party
Working Hours
Work Product
Affiliate
Change Control Procedure
Charges
Data Protection Laws
Dispute Resolution Procedure
Emergency
Insolvency Event
Key Personnel
Liability Cap
Material Breach
Notice
Payment Terms
Performance Standards
Related Agreement
Security Requirements
Service Credits
Service Provider
Subcontractor
Territory
Termination Date
Applicable Law
Business Day
Confidential Information
Commencement Date
Customer
Deliverables
Documentation
Effective Date
Force Majeure Event
Good Industry Practice
Initial Term
Intellectual Property Rights
Order
Personnel
Personal Data
Products
Professional Services
Purchase Order
Quality Standards
Renewal Term
Representatives
Services
Service Levels
Specifications
Statement of Work
Subsidiary
Supplier
Term
Third Party
Working Hours
Work Product
Affiliate
Change Control Procedure
Charges
Data Protection Laws
Dispute Resolution Procedure
Emergency
Insolvency Event
Key Personnel
Liability Cap
Material Breach
Notice
Payment Terms
Performance Standards
Related Agreement
Security Requirements
Service Credits
Service Provider
Subcontractor
Territory
Termination Date
Clauses
Interpretation
Definitions
Term and Duration
Scope of Agreement
Ordering Process
Performance Obligations
Payment Terms
Pricing
Service Levels
Quality Requirements
Delivery
Acceptance
Warranties
Intellectual Property Rights
Confidentiality
Data Protection
Force Majeure
Liability
Indemnification
Insurance
Termination
Exit Management
Change Control
Dispute Resolution
Assignment and Subcontracting
Non-Solicitation
Compliance with Laws
Anti-Corruption
Notice Requirements
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Governing Law
Jurisdiction
Representation and Authority
Audit Rights
Business Continuity
Personnel
Record Keeping
Relationship of Parties
Competition Law Compliance
Export Control
Environmental Compliance
Health and Safety
Definitions
Term and Duration
Scope of Agreement
Ordering Process
Performance Obligations
Payment Terms
Pricing
Service Levels
Quality Requirements
Delivery
Acceptance
Warranties
Intellectual Property Rights
Confidentiality
Data Protection
Force Majeure
Liability
Indemnification
Insurance
Termination
Exit Management
Change Control
Dispute Resolution
Assignment and Subcontracting
Non-Solicitation
Compliance with Laws
Anti-Corruption
Notice Requirements
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Governing Law
Jurisdiction
Representation and Authority
Audit Rights
Business Continuity
Personnel
Record Keeping
Relationship of Parties
Competition Law Compliance
Export Control
Environmental Compliance
Health and Safety
Relevant Industries
Information Technology
Manufacturing
Professional Services
Telecommunications
Financial Services
Healthcare
Retail
Energy
Construction
Logistics
Software Development
Consulting
Relevant Teams
Legal
Procurement
Commercial
Finance
Operations
Sales
Risk Management
Compliance
Business Development
Account Management
Project Management
Relevant Roles
Legal Counsel
Commercial Director
Procurement Manager
Contract Manager
Business Development Manager
Chief Financial Officer
Operations Director
Sales Director
Risk Manager
Compliance Officer
General Counsel
Chief Executive Officer
Commercial Manager
Account Manager
Project Manager
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