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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of Exclusivity: Core terms establishing the exclusive relationship and its scope
5. Duration and Term: Period of exclusivity and renewal provisions
6. Obligations of the Grantor: Commitments and restrictions on the party granting exclusivity
7. Obligations of the Grantee: Requirements and commitments of the party receiving exclusive rights
8. Territory/Scope: Geographic or other limitations of the exclusivity
9. Competition Law Compliance: Provisions ensuring compliance with competition laws
10. Termination: Circumstances and procedures for ending the agreement
11. Confidentiality: Protection of confidential information exchanged
12. Governing Law and Jurisdiction: Application of South African law and jurisdiction
13. General/Boilerplate Provisions: Standard contractual provisions including notices, amendments, etc.
1. Minimum Performance Requirements: Used when the exclusivity is conditional on meeting certain performance targets
2. Marketing and Promotion: Include when the agreement requires specific marketing efforts
3. Non-Competition: Additional competitive restrictions beyond the basic exclusivity
4. Sub-contracting Rights: Include when the grantee may need to sub-contract certain obligations
5. Insurance Requirements: Include when specific insurance coverage is required
6. Intellectual Property Rights: Include when the agreement involves use of trademarks or other IP
7. Change of Control: Include when party ownership changes might affect the agreement
8. Force Majeure: Include when specific force majeure provisions are needed beyond standard terms
1. Schedule 1 - Products/Services: Detailed list of products or services covered by the exclusivity
2. Schedule 2 - Territory Definition: Detailed description or map of the exclusive territory
3. Schedule 3 - Performance Metrics: Specific targets or KPIs if applicable
4. Schedule 4 - Pricing Structure: Pricing terms and conditions if relevant
5. Schedule 5 - Excluded Customers/Products: List of any exceptions to the exclusivity
6. Appendix A - Competition Law Compliance Guidelines: Detailed compliance requirements and procedures
Agreement
Business Day
Commencement Date
Competitor
Confidential Information
Effective Date
Exclusive Period
Exclusive Rights
Exclusive Territory
Force Majeure Event
Grantor
Grantee
Intellectual Property Rights
Laws
Licensed Products
Licensed Services
Material Breach
Minimum Performance Requirements
Notice
Parties
Products
Prohibited Acts
Related Persons
Restricted Activities
Services
Signature Date
Term
Territory
Trade Marks
Working Hours
Competition Laws
B-BBEE Requirements
Exclusivity Fee
Performance Metrics
Regulatory Approvals
Termination Date
Restricted Customers
Excluded Activities
Permitted Uses
Definitions
Duration
Grant of Rights
Exclusivity
Territory
Performance Requirements
Competition Compliance
Fees and Payment
Representations and Warranties
Confidentiality
Non-Competition
Intellectual Property
Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Amendment
Good Faith
Costs
Breach
Indemnification
Regulatory Compliance
Audit Rights
Record Keeping
Marketing and Promotion
Sub-contracting
Insurance
Change of Control
B-BBEE Compliance
Manufacturing
Retail
Distribution
Technology
Automotive
Healthcare
Consumer Goods
Professional Services
Telecommunications
Entertainment
Fashion and Luxury Goods
Industrial Equipment
Software and IT
Food and Beverage
Legal
Commercial
Business Development
Sales
Procurement
Compliance
Operations
Contract Administration
Risk Management
Corporate Development
Chief Executive Officer
Commercial Director
Legal Counsel
Business Development Manager
Sales Director
Procurement Manager
Contract Manager
Compliance Officer
Operations Director
Managing Director
Distribution Manager
Franchise Manager
Partnership Manager
Territory Manager
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