The Evergreen Agreement template is specifically designed for business relationships under Malaysian jurisdiction that require continuous, uninterrupted service or supply arrangements. This document type is particularly useful when parties intend to establish a long-term relationship without the administrative burden of regular renewals. It includes comprehensive provisions for automatic renewal, price adjustments, performance reviews, and termination rights, all aligned with Malaysian legal requirements. The agreement is structured to provide flexibility while maintaining certainty in commercial relationships, making it ideal for ongoing service arrangements, technology licenses, maintenance contracts, and similar continuing business relationships. It incorporates necessary safeguards to protect both parties' interests while ensuring compliance with Malaysian contract law, competition law, and relevant industry regulations.
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1. Parties: Identification and details of all contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Defined terms used throughout the agreement
4. Term and Renewal: Duration of initial term and automatic renewal provisions, including notice periods for non-renewal
5. Services/Obligations: Core obligations of each party under the agreement
6. Payment Terms: Fees, payment schedule, and price adjustment mechanisms
7. Performance Standards: Required service levels and quality standards
8. Termination Rights: Grounds for termination and termination process
9. Confidentiality: Protection of confidential information and trade secrets
10. Intellectual Property: Ownership and usage rights of IP
11. Limitation of Liability: Caps on liability and excluded losses
12. Force Majeure: Events excusing performance and related procedures
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Data Protection: Required if personal data is processed under the agreement
2. Change Control: Include if services or deliverables may need modification over time
3. Insurance: Include if specific insurance coverage is required
4. Audit Rights: Include for agreements requiring performance verification
5. Environmental Compliance: Include for agreements with environmental impact
6. Anti-Corruption: Include for high-value contracts or government-related work
7. Business Continuity: Include for critical services or operations
8. Import/Export Controls: Include if cross-border activities are involved
1. Schedule 1 - Service Description: Detailed description of services or deliverables
2. Schedule 2 - Service Levels: Specific performance metrics and measurement methods
3. Schedule 3 - Pricing and Payment: Detailed fee structure, rates, and payment terms
4. Schedule 4 - Key Personnel: List of key personnel and their roles
5. Schedule 5 - Technical Requirements: Technical specifications and standards
6. Schedule 6 - Change Control Procedure: Detailed process for implementing changes
7. Schedule 7 - Exit Plan: Transition arrangements upon termination
8. Appendix A - Contact Details: Contact information for key representatives
9. Appendix B - Form of Reports: Templates for required reports and notifications
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