This Evergreen Agreement template is designed for use in establishing continuing business relationships under German law where parties intend to maintain an ongoing contractual relationship with automatic renewal provisions. The document is particularly suited for service agreements, supply contracts, and other commercial arrangements where continuity is essential. It includes specific provisions required under German law regarding contract termination, automatic renewal notices, and consumer protection requirements. The agreement incorporates mechanisms for addressing changing business needs over time, including price adjustment provisions, service level requirements, and change management procedures. It is drafted in English but structured to comply with German legal requirements, making it suitable for international business relationships while maintaining enforceability under German jurisdiction.
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1. Parties: Identification of contracting parties with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Agreement: Core obligations and services covered by the agreement
5. Term and Renewal: Initial term, automatic renewal provisions, and notice periods compliant with German law
6. Payment Terms: Pricing, payment schedule, invoicing, and price adjustment mechanisms
7. Performance Standards: Quality standards, service levels, and performance metrics
8. Change Management: Process for implementing changes to services or terms
9. Termination Rights: Grounds for termination, notice requirements, and consequences of termination
10. Liability and Indemnification: Allocation of risks and limitations of liability under German law
11. Confidentiality: Protection of confidential information and trade secrets
12. Force Majeure: Provisions for unforeseeable circumstances preventing performance
13. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Data Protection: Required if personal data is processed, addressing GDPR compliance
2. Intellectual Property Rights: Needed if IP is created, licensed, or transferred under the agreement
3. Insurance Requirements: Include if specific insurance coverage is required from either party
4. Compliance with Laws: Add if specific regulatory compliance obligations need to be addressed
5. Service Credits: Include if performance failures trigger financial consequences
6. Audit Rights: Add for agreements requiring verification of performance or compliance
7. Business Continuity: Include for critical services requiring disaster recovery planning
8. Personnel Requirements: Add if specific staffing or qualification requirements apply
1. Service Description Schedule: Detailed description of services or products covered
2. Service Level Agreement: Specific performance metrics and measurement methods
3. Pricing Schedule: Detailed pricing structure, including adjustment mechanisms
4. Technical Requirements: Technical specifications and requirements
5. Contact Details: Key contacts and escalation procedures
6. Data Processing Agreement: Required if personal data processing is involved
7. Change Request Template: Standard form for requesting and documenting changes
8. Transition Plan: Procedures for service initiation and termination transitions
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