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1. Parties: Identification and details of all parties entering into the profit sharing agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the profit sharing arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Profit', 'Accounting Period', and 'Distribution Date'
4. Profit Calculation: Methodology for calculating distributable profits, including accounting principles, deductions, and adjustments
5. Profit Share Allocation: Specification of each party's profit share percentage and the basis for any variable allocations
6. Payment Terms: Timing and method of profit share distributions, including payment procedures and currencies
7. Accounting and Records: Requirements for maintaining financial records, conducting audits, and providing financial statements
8. Management Rights: Decision-making authority and processes related to the profit-generating activities
9. Confidentiality: Obligations regarding confidential information and financial data
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for dispute resolution
12. General Provisions: Standard clauses including notices, amendments, and entire agreement provisions
1. Non-Competition: Restrictions on parties engaging in competing activities, used when parties operate in the same industry
2. Intellectual Property: IP ownership and licensing provisions, included when profit-generating activities involve IP assets
3. Employee Participation: Specific terms for employee profit sharing schemes, used when agreement includes employee benefits
4. Tax Provisions: Detailed tax handling and obligations, included for cross-border arrangements or complex tax situations
5. Force Majeure: Provisions for handling extraordinary events affecting profit generation, useful for long-term agreements
6. Exit Mechanisms: Procedures for party withdrawal or buyout, important for multi-party agreements
7. Dispute Resolution: Detailed arbitration or mediation procedures, useful for international parties or complex arrangements
8. Compliance Requirements: Specific regulatory compliance obligations, needed for regulated industries or activities
1. Schedule 1 - Profit Calculation Formula: Detailed mathematical formula and methodology for calculating distributable profits
2. Schedule 2 - Accounting Principles: Specific accounting standards and principles to be applied
3. Schedule 3 - Payment Procedures: Detailed procedures for profit distribution including banking details and verification processes
4. Schedule 4 - Reporting Templates: Standard templates for financial reporting and profit share calculations
5. Schedule 5 - Initial Business Plan: Baseline business expectations and projections (if applicable)
6. Appendix A - Corporate Resolutions: Relevant corporate authorizations for entering into the agreement
7. Appendix B - Financial Definitions: Detailed definitions of financial terms and calculations
8. Appendix C - Compliance Checklist: List of regulatory and compliance requirements to be maintained
Accounting Period
Applicable Law
Business Day
Confidential Information
Distribution Date
Effective Date
Extraordinary Items
Financial Year
Force Majeure Event
Gross Profit
Net Profit
Operating Expenses
Participating Party
Profit Share
Profit Share Percentage
Profit Distribution
Payment Date
Quarter
Related Party
Revenue
Swiss GAAP
Tax
Term
Territory
Working Capital
Management Committee
Material Adverse Change
Calculation Period
Distribution Statement
Eligible Profits
Excluded Items
Financial Statements
Initial Business Plan
Loss
Management Accounts
Operating Budget
Profit Target
Reserved Matters
Termination Event
Interpretation
Term and Duration
Profit Calculation
Profit Distribution
Payment Terms
Accounting and Records
Audit Rights
Management Rights
Decision Making
Information Rights
Confidentiality
Non-Competition
Intellectual Property
Tax Obligations
Representations and Warranties
Force Majeure
Assignment and Transfer
Amendments
Termination
Consequences of Termination
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Third Party Rights
Costs and Expenses
Further Assurance
Compliance with Laws
Anti-corruption
Data Protection
Bank Accounts
Financial Reporting
Management Committee
Reserved Matters
Exit Rights
Change of Control
Indemnification
Insurance
Good Faith
Waiver
Counterparts
Financial Services
Technology
Manufacturing
Professional Services
Real Estate
Healthcare
Retail
Construction
Hospitality
Energy
Agriculture
Media and Entertainment
Consulting
Software Development
Trading and Commerce
Legal
Finance
Human Resources
Compliance
Tax
Business Development
Operations
Risk Management
Corporate Governance
Treasury
Accounting
Commercial
Partnership Management
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Business Development Manager
Partnership Manager
Financial Controller
Tax Manager
Compliance Officer
Human Resources Director
Investment Manager
Managing Partner
Operations Director
Account Manager
Corporate Secretary
Risk Manager
Finance Director
Commercial Director
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