The Bespoke Contract is designed for situations where standard form contracts or templates are insufficient to address the unique requirements of a specific business relationship or transaction in India. This document type is particularly useful when parties need to establish detailed, customized terms that reflect complex commercial arrangements, specific risk allocations, or unique operational requirements. The contract must comply with Indian contract law principles while incorporating industry-specific considerations, regulatory requirements, and particular commercial terms agreed between the parties. The bespoke nature allows for careful crafting of provisions relating to intellectual property, confidentiality, liability limitations, and dispute resolution mechanisms that are specifically tailored to the transaction at hand.
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1. Parties: Identification and details of the contracting parties, including registered addresses and company registration numbers
2. Background: Context of the agreement, relationship between parties, and purpose of the contract
3. Definitions and Interpretation: Definitions of key terms and rules of interpretation for the agreement
4. Scope and Obligations: Core obligations of each party and detailed scope of the contractual relationship
5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
6. Payment Terms: Financial terms, payment schedule, invoicing requirements, and tax provisions
7. Representations and Warranties: Statements of fact and promises made by each party
8. Indemnification: Protection against losses and liability allocation between parties
9. Confidentiality: Protection of confidential information and trade secrets
10. Force Majeure: Provisions for unforeseen circumstances preventing contract performance
11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
12. Dispute Resolution: Process for resolving disputes, including arbitration provisions
13. Notices: Method and addresses for formal communications between parties
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Intellectual Property Rights: Include when the contract involves creation, licensing, or transfer of IP
2. Data Protection and Privacy: Include when personal data processing is involved
3. Service Levels: Include for service-based contracts requiring specific performance standards
4. Change Control: Include for long-term contracts likely to require modifications
5. Insurance: Include when specific insurance coverage is required
6. Non-Compete: Include when restrictions on competitive activities are needed
7. Assignment and Subcontracting: Include when transfer rights or subcontracting needs to be specifically regulated
8. Compliance with Laws: Include when specific regulatory compliance needs to be addressed
9. Bank Guarantee: Include when financial security is required
10. Step-In Rights: Include for critical service contracts requiring continuity assurance
1. Schedule 1 - Services/Deliverables: Detailed description of services or deliverables to be provided
2. Schedule 2 - Charges and Payment: Detailed pricing structure, payment terms, and calculations
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Key Personnel: Details of key staff members responsible for contract delivery
5. Schedule 5 - Technical Requirements: Technical specifications and requirements
6. Schedule 6 - Form of Bank Guarantee: Template for bank guarantee if required
7. Schedule 7 - Change Control Procedure: Detailed process for implementing changes
8. Appendix A - Contact Details: Contact information for key representatives of each party
9. Appendix B - Required Insurance: Details of insurance types and coverage levels required
10. Appendix C - Compliance Requirements: Specific regulatory or compliance requirements
Relevant legal definitions
Affiliate
Agreement
Applicable Law
Business Day
Confidential Information
Commencement Date
Contract Price
Control
Deliverables
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Governmental Authority
GST
Intellectual Property Rights
Material Adverse Effect
Notice
Party/Parties
Personnel
Purchase Order
Representatives
RBI
SEBI
Services
Service Levels
Specifications
Subcontractor
Term
Territory
Third Party
Working Hours
Material Breach
Indemnified Party
Indemnifying Party
Initial Term
Key Personnel
Liability
Loss
Parent Company
Related Party
Renewal Term
Schedule
Security Interest
Stamp Duty
Taxes
Technical Requirements
Termination Date
Transaction Documents
VAT
Warranty Period
Agreement
Applicable Law
Business Day
Confidential Information
Commencement Date
Contract Price
Control
Deliverables
Dispute
Effective Date
Force Majeure Event
Good Industry Practice
Governmental Authority
GST
Intellectual Property Rights
Material Adverse Effect
Notice
Party/Parties
Personnel
Purchase Order
Representatives
RBI
SEBI
Services
Service Levels
Specifications
Subcontractor
Term
Territory
Third Party
Working Hours
Material Breach
Indemnified Party
Indemnifying Party
Initial Term
Key Personnel
Liability
Loss
Parent Company
Related Party
Renewal Term
Schedule
Security Interest
Stamp Duty
Taxes
Technical Requirements
Termination Date
Transaction Documents
VAT
Warranty Period
Clauses
Interpretation
Definitions
Duration
Scope of Services
Payment Terms
Taxes
Performance Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Force Majeure
Termination
Consequences of Termination
Indemnification
Limitation of Liability
Insurance
Assignment
Subcontracting
Change Control
Dispute Resolution
Governing Law
Jurisdiction
Notices
Force Majeure
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Non-Compete
Non-Solicitation
Severability
Waiver
Amendment
Entire Agreement
Counterparts
Stamp Duty
Registration
Third Party Rights
Relationship of Parties
Time of Essence
Survival
Service Levels
Performance Security
Step-in Rights
Business Continuity
Environmental Compliance
Health and Safety
Labor Law Compliance
Definitions
Duration
Scope of Services
Payment Terms
Taxes
Performance Obligations
Representations and Warranties
Confidentiality
Intellectual Property
Data Protection
Force Majeure
Termination
Consequences of Termination
Indemnification
Limitation of Liability
Insurance
Assignment
Subcontracting
Change Control
Dispute Resolution
Governing Law
Jurisdiction
Notices
Force Majeure
Compliance with Laws
Anti-Corruption
Record Keeping
Audit Rights
Non-Compete
Non-Solicitation
Severability
Waiver
Amendment
Entire Agreement
Counterparts
Stamp Duty
Registration
Third Party Rights
Relationship of Parties
Time of Essence
Survival
Service Levels
Performance Security
Step-in Rights
Business Continuity
Environmental Compliance
Health and Safety
Labor Law Compliance
Relevant Industries
Information Technology
Manufacturing
Professional Services
Healthcare
Real Estate
Financial Services
Telecommunications
Energy and Utilities
Construction
Education
Retail
Logistics and Transportation
Media and Entertainment
Pharmaceuticals
Consulting
Relevant Teams
Legal
Commercial
Procurement
Finance
Compliance
Risk Management
Operations
Business Development
Project Management
Corporate Secretarial
Strategy
Senior Management
Relevant Roles
Legal Counsel
Contract Manager
Business Development Manager
Chief Legal Officer
Commercial Director
Compliance Officer
Risk Manager
Project Manager
Operations Director
Chief Financial Officer
Procurement Manager
Company Secretary
General Counsel
Legal Director
Business Unit Head
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