Teaming Agreement French


Posted by lapi | Posted in Uncategorized | Posted on 13-04-2021

Parties often enter into “equipment agreements” to pool their respective resources and talents to secure some important contracts requiring both parties` resources and/or services. One of the most common scenarios is for the parties to come together to submit a proposal to secure a contract. One party acts as the prime number (and actually presents the proposal) and the other party provides information (and sometimes contributes to the preparation costs) needed to prepare the proposal and promises services as soon as the proposal has been selected by the final client. When advising companies when concluding equipment agreements, we systematically deal with the following issues: 1. Responsibilities of the parties: When the parties join forces to form a team agreement, the respective responsibilities and obligations of the parties should be clearly defined in the agreement. The agreement should indicate, for example, who is responsible for the submission or proposal and who is responsible for the preparation costs. If an agreement on the actual performance of the services and the distribution of the responsibilities of the contract has not yet been negotiated, the team agreement should define the procedure and timing of these negotiations. Compensation should be awarded for what happens when a party terminates the team contract, if it is an option. The completion of the proposal will likely jeopardize the other party`s ability to finalize the proposal by the required filing date. 2. Exclusiveness: It is important to document whether or not this is an exclusive agreement between the parties. Can one of the parties consider alternatives (i.e. cooperate with other companies or submit a proposal independently) to try to secure the contract under the team agreement? Can a party conduct transactions on its own that could compete with the products or services proposed under the proposal submitted to the customer on the basis of the equipment agreement? These restrictions should be clearly defined in the team agreement.

Should the principal contractor use the proposed subcontractor after the contract has been awarded? This must be clear and should never be agreed upon by the principal contractor unless the proposed client has already agreed in writing. Instead, a language should be inserted stipulating that the main contractor will use the subcontractor (subject, of course, to the parties agreeing to an agreement on the terms of the subcontracting), subject to the final customer`s agreement. 3. Confidentiality and Intellectual Property: The agreement should include a confidentiality provision limiting disclosure by some of the confidential information disclosed by the other party during the development of the proposal. In addition, the parties may also want the existence of the team agreement (and the resulting contract) to be treated confidentially. Where possible, confidentiality obligations should apply to the termination or expiry of the team agreement. If it is possible that intellectual property could be used or created as part of the Association Agreement, ownership of these developments should be clearly defined in the agreement. 4.

Clarity of commitments in the execution of the Prime contract: A common trap in defining the responsibilities of the parties in team agreements is “accept” language.

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