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Master Collaboration Agreement

Master Collaboration Agreement Template for Austria

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Key Requirements PROMPT example:

Master Collaboration Agreement

"Need a Master Collaboration Agreement for a software development partnership between our Austrian tech company and a German research institution, with special focus on AI development and data protection, to commence by March 2025."

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Document background
The Master Collaboration Agreement serves as the primary legal framework for establishing and managing long-term collaborative relationships between organizations under Austrian law. This document is essential when parties intend to engage in multiple collaborative projects or ongoing strategic cooperation, requiring a structured approach to governance, intellectual property management, and risk allocation. It complies with Austrian legal requirements, including the ABGB (Austrian Civil Code) and UGB (Commercial Code), while incorporating necessary GDPR provisions for data protection. The agreement is designed to be sufficiently flexible to accommodate various types of collaboration while providing clear guidelines for project implementation, decision-making processes, and dispute resolution. It typically includes detailed schedules for specific operational aspects and template project orders for initiating new collaborative activities.
Suggested Sections

1. Parties: Identification and details of the contracting parties, including registration numbers and addresses

2. Background: Context of the collaboration and parties' intentions

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Scope of Collaboration: General framework and principles of the collaboration

5. Governance Structure: Management of the collaboration, including steering committee, project managers, and decision-making processes

6. Intellectual Property Rights: Ownership, usage rights, and protection of pre-existing and newly created IP

7. Confidentiality: Protection and handling of confidential information exchanged during collaboration

8. Data Protection and GDPR Compliance: Obligations regarding personal data processing and protection

9. Financial Terms: Cost sharing, payment terms, and financial responsibilities

10. Term and Termination: Duration of agreement, renewal provisions, and termination rights

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Force Majeure: Provisions for handling events beyond parties' reasonable control

13. Dispute Resolution: Process for resolving disagreements, including jurisdiction and governing law

14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

Optional Sections

1. Staff Exchange: Terms for temporary staff assignments between parties, including employment status and responsibilities

2. Joint Marketing: Rules for co-branding and joint marketing activities

3. Research and Development: Specific provisions for joint R&D projects and ownership of results

4. Quality Standards: Agreed quality requirements and monitoring procedures

5. Competition Restrictions: Non-compete and exclusivity provisions if applicable

6. Insurance Requirements: Specific insurance coverage requirements for the collaboration

7. Compliance with Industry Standards: Adherence to specific industry regulations or standards

8. Environmental and Social Responsibility: Sustainability and corporate social responsibility commitments

Suggested Schedules

1. Schedule 1 - Project Scope: Detailed description of specific collaboration projects or activities

2. Schedule 2 - Governance Procedures: Detailed procedures for steering committee meetings and decision-making

3. Schedule 3 - Technical Requirements: Technical specifications and standards for collaborative work

4. Schedule 4 - Financial Terms: Detailed pricing, cost allocation, and payment procedures

5. Schedule 5 - Key Personnel: List of key contacts and their roles from each party

6. Schedule 6 - Service Levels: Performance metrics and service level requirements

7. Schedule 7 - Data Processing Agreement: Detailed GDPR-compliant data processing terms

8. Schedule 8 - Background IP: List of pre-existing intellectual property rights brought to the collaboration

9. Appendix A - Template Project Order: Standard form for initiating new projects under the agreement

10. Appendix B - Reporting Templates: Standardized formats for required reports and updates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Affiliate
Background IP
Business Day
Confidential Information
Collaboration
Collaboration Period
Commencement Date
Deliverables
Developed IP
Effective Date
Force Majeure Event
Foreground IP
Governance Committee
Implementation Plan
Intellectual Property Rights
Joint IP
Key Personnel
Material Breach
Milestone
Notice
Personal Data
Processing
Project
Project Manager
Project Order
Project Plan
Project Team
Purpose
Quarter
Representatives
Results
Services
Specification
Steering Committee
Subcontractor
Term
Territory
Third Party
Working Group
Work Product
Clauses
Parties and Background
Definitions
Scope of Collaboration
Term and Duration
Governance
Project Implementation
Financial Provisions
Intellectual Property Rights
Confidentiality
Data Protection
Personnel
Non-Competition
Non-Solicitation
Warranties
Indemnification
Liability
Insurance
Force Majeure
Termination
Exit Rights
Assignment
Subcontracting
Compliance
Anti-Bribery
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Third Party Rights
Costs
Counterparts
Authority
Relationship of Parties
Record Keeping
Audit Rights
Business Continuity
Quality Control
Reporting
Relevant Industries

Technology

Manufacturing

Healthcare

Research & Development

Education

Professional Services

Telecommunications

Automotive

Energy

Financial Services

Biotechnology

Construction

Software Development

Pharmaceutical

Relevant Teams

Legal

Business Development

Executive Leadership

Operations

Research and Development

Commercial

Compliance

Risk Management

Innovation

Strategic Partnerships

Project Management Office

Technical Operations

Procurement

Corporate Strategy

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Contract Manager

Business Development Director

Chief Technology Officer

Project Director

Head of Partnerships

Research Director

Chief Operating Officer

Innovation Manager

Strategic Alliance Manager

Commercial Director

Risk Manager

Compliance Officer

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): Primary legislation governing contract formation, validity, performance, and remedies in Austria. Particularly relevant sections include §§859-937 on contracts and legal transactions.
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Governs commercial relationships and transactions between businesses, including specific provisions for business contracts and commercial practices.
General Data Protection Regulation (GDPR): EU regulation governing data protection and privacy, crucial for any data sharing aspects of the collaboration.
Austrian Data Protection Act (DSG): National implementation of GDPR and additional data protection requirements specific to Austria.
Austrian Patent Law (Patentgesetz): Relevant for protecting and managing any intellectual property rights that may arise from the collaboration.
Austrian Copyright Act (Urheberrechtsgesetz): Governs protection of creative works and intellectual property that may be developed during collaboration.
Austrian Competition Act (Kartellgesetz): Ensures collaboration agreements don't violate antitrust laws or create unfair market conditions.
Austrian Employment Law (Arbeitsrecht): May be relevant if the collaboration involves staff transfers, secondments, or joint employment arrangements.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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