In practice, companies frequently need a great variety of forms of cooperation and partnership. Increasingly, companies want tailor-made solutions for their collaborations.
Cooperation may take the shape of a joint venture, but this is not always the preferred option. It is also possible to set out the cooperation in a contract. In that case, the contract constitutes the basis for the cooperation. The main aspects of the cooperation should be reflected in the contract, and may include a clear demarcation and description of the joint activities, and of the objectives the parties wish to achieve by cooperating. The contract should also contain clear arrangements regarding the roles, tasks and responsibilities of each of the parties to the cooperation. In addition, the contract should pay attention to such matters as the governance and consultation structure, the business plan and the applicable financial arrangements, the operational aspects of the cooperation and sales and marketing activities – but also to exit and termination arrangements, confidentiality, and non-competition clauses.
Concluding long-term partnerships creates, in particular, a need for flexibility, to be able to respond effectively and quickly to changing circumstances and/or new developments in the market or in the actual cooperation. This will have to be taken into account in the cooperation contract, for example, by incorporating a mechanism focused on implementing change, but also by formulating the correct points of departure and principles. We help your company to design and structure the cooperation you require and to document the relevant commercial arrangements in a solid cooperation contract.
In addition to our expertise in the field of contractual collaboration and partnerships, we frequently advise on (national and cross-border) commercial contracts regarding:
- procurement and sales;
- agency matters; and
- general terms and conditions.