The Pre Partnership Agreement is a critical document used when two or more parties are considering entering into a formal business partnership in Belgium but wish to establish clear parameters for their preliminary discussions and evaluations. This document becomes relevant when parties need to share sensitive information, conduct due diligence, or explore potential collaboration while maintaining confidentiality and protecting their interests. The agreement typically includes provisions for information exchange, exclusivity periods, cost allocation, and potential deal structure, all aligned with Belgian legal requirements. It serves as a protective framework during the negotiation phase, helping parties maintain clarity and legal compliance while they work towards potentially establishing a formal partnership. The document is particularly important in the Belgian business context, where formal preliminary agreements are commonly used to structure business negotiations and protect parties' interests during the pre-contractual phase.
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1. Parties: Identification and details of all potential partners, including legal names, addresses, and registration numbers
2. Background: Context of the potential partnership, including business purpose and objectives
3. Definitions: Key terms used throughout the agreement
4. Purpose and Scope: Detailed outline of the intended partnership's purpose and scope of activities
5. Duration: Timeline for the pre-partnership period and conditions for extension
6. Confidentiality: Obligations regarding confidential information exchange and protection
7. Data Protection: GDPR compliance and data handling procedures
8. Due Diligence: Framework for information sharing and evaluation process
9. Exclusivity: Terms regarding exclusive negotiations during the pre-partnership period
10. Costs and Expenses: Allocation of costs during the pre-partnership phase
11. Termination: Conditions and process for ending the pre-partnership arrangement
12. Governing Law and Jurisdiction: Specification of Belgian law application and jurisdiction
13. General Provisions: Standard legal clauses including notices, entire agreement, and amendments
1. Intellectual Property: Protection and usage of IP during the pre-partnership phase - include if IP sharing is anticipated
2. Initial Roles and Responsibilities: Preliminary allocation of roles - include if specific responsibilities are already defined
3. Financial Contributions: Framework for any initial capital or resource contributions - include if preliminary investments are planned
4. Milestones and Timelines: Specific goals and deadlines - include if concrete objectives are set for the pre-partnership phase
5. Third Party Relationships: Management of existing client or supplier relationships - include if relevant to the potential partnership
6. Non-Competition: Restrictions on competitive activities - include if partners operate in similar markets
7. Decision Making Process: Framework for joint decisions - include if collaborative decisions are needed during pre-partnership phase
8. Insurance: Requirements for insurance coverage - include if joint activities are planned
1. Schedule 1 - Business Plan: Preliminary business plan or concept for the intended partnership
2. Schedule 2 - Due Diligence Requirements: List of required documents and information for mutual evaluation
3. Schedule 3 - Confidential Information: Specific items designated as confidential information
4. Schedule 4 - Timeline: Detailed timeline for the pre-partnership phase and key dates
5. Appendix A - Contact Details: Key contact information for all parties and their representatives
6. Appendix B - Required Disclosures: Mandatory disclosures under Belgian law
7. Appendix C - Existing Commitments: Declaration of relevant existing business commitments and potential conflicts
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