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Intercompany Cost Plus Agreement
1. Parties: Identification of the service provider and service recipient entities
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement including 'Costs', 'Markup', 'Services'
4. Scope of Services: Detailed description of services to be provided
5. Cost Calculation: Definition of cost base and methodology for cost determination
6. Markup: Specified markup percentage and justification for arm's length nature
7. Invoicing and Payment: Terms for invoicing, payment timing, and currency
8. Documentation Requirements: Record-keeping obligations for transfer pricing compliance
9. Term and Termination: Duration of agreement and termination provisions
10. Confidentiality: Protection of confidential information exchanged
11. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction
1. Service Levels: Specific performance metrics and standards, used when service quality measurement is crucial
2. Intellectual Property: IP rights and licenses, needed when services involve IP creation or usage
3. Employee Secondment: Terms for staff assignments between entities, if applicable
4. Force Majeure: Provisions for extraordinary circumstances, if desired
5. Dispute Resolution: Alternative dispute resolution procedures, if preferred over standard court proceedings
6. Tax Gross-Up: Provisions for tax withholding and gross-up, relevant for cross-border services
1. Schedule A - Detailed Service Description: Comprehensive list and description of all services covered
2. Schedule B - Cost Allocation Methodology: Detailed methodology for calculating and allocating costs
3. Schedule C - Markup Calculation: Detailed explanation of markup calculation with benchmarking support
4. Schedule D - Service Levels: Specific performance metrics and measurement methods
5. Schedule E - Key Personnel: List of key personnel involved in service delivery
6. Appendix 1 - Transfer Pricing Documentation: Supporting documentation for arm's length nature of arrangement
7. Appendix 2 - Invoicing Template: Standard format for monthly/quarterly invoicing
Authors
Agreement
Arm's Length Principle
Business Day
Confidential Information
Control
Cost Base
Cost Plus Method
Direct Costs
Effective Date
Force Majeure Event
Group
Indirect Costs
Intellectual Property Rights
Markup
Operating Costs
Parties
Provider
Recipient
Related Party
Services
Service Fees
Service Level Requirements
Shared Service Center
Supporting Documentation
Term
Territory
Transfer Pricing Documentation
Working Hours
Cost Base
Markup
Payment Terms
Invoicing
Documentation
Record Keeping
Transfer Pricing
Service Levels
Quality Standards
Performance Monitoring
Compliance
Audit Rights
Confidentiality
Data Protection
Intellectual Property
Personnel
Warranties
Liability
Indemnification
Force Majeure
Term
Termination
Change Control
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendments
Third Party Rights
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