This Evergreen Agreement template is designed for use in establishing long-term commercial relationships under Australian law where parties intend to maintain an ongoing business relationship without a predetermined end date. It is particularly suitable for continuous service arrangements, recurring supply relationships, or long-term partnerships where flexibility and longevity are essential. The document incorporates provisions compliant with Australian contract law, consumer protection legislation, and competition law requirements, while providing mechanisms for price adjustments, service modifications, and termination rights. Key features include change management procedures, performance review mechanisms, and dispute resolution processes tailored to the Australian legal context. This template should be used when parties seek to establish a stable, continuing relationship while maintaining the ability to adapt to changing business conditions over time.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details
2. Background: Context of the agreement, relationship between parties, and purpose of the perpetual arrangement
3. Definitions: Comprehensive list of defined terms used throughout the agreement, including specific terms related to the ongoing nature
4. Term and Continuation: Specification of the evergreen nature, including commencement date and continuation mechanics
5. Services/Obligations: Detailed description of core services or obligations, including evolution mechanisms
6. Payment Terms: Payment obligations, pricing mechanisms, and price review provisions
7. Price Adjustment: Mechanisms for periodic price reviews and adjustments, including indices and calculation methods
8. Performance Standards: Required service levels and performance metrics, including review mechanisms
9. Change Management: Processes for implementing changes to services, terms, or requirements over time
10. Termination Rights: Specific circumstances and procedures for termination despite perpetual nature
11. Dispute Resolution: Procedures for resolving disputes, including escalation processes
12. Confidentiality: Protection of confidential information, including long-term obligations
13. General Provisions: Standard boilerplate clauses adapted for long-term application
1. Intellectual Property: Rights and obligations regarding IP, used when services involve IP creation or licensing
2. Data Protection: Data handling and privacy obligations, required when personal data is processed
3. Insurance: Insurance requirements, included for high-risk or regulated services
4. Security Requirements: Security standards and protocols, needed for sensitive operations or data handling
5. Regulatory Compliance: Specific regulatory obligations, included for regulated industries
6. Business Continuity: Disaster recovery and business continuity requirements, for critical services
7. Exit Management: Detailed exit procedures, included for complex service arrangements
1. Service Description Schedule: Detailed specifications of services or products covered
2. Pricing Schedule: Detailed pricing structures, including adjustment mechanisms and calculations
3. Service Levels Schedule: Specific performance metrics, measurement methods, and remedies
4. Change Control Procedure: Detailed procedures for implementing and managing changes
5. Key Personnel: List of key personnel and roles from both parties
6. Technical Requirements: Technical specifications and standards to be maintained
7. Governance Procedures: Detailed governance and reporting requirements
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Telecommunications
Facilities Management
Manufacturing
Healthcare
Financial Services
Business Process Outsourcing
Utilities
Property Management
Relevant Teams
Legal
Procurement
Commercial
Operations
Finance
Risk and Compliance
Business Development
Account Management
Service Delivery
Senior Management
Relevant Roles
Legal Counsel
Commercial Manager
Procurement Manager
Contract Administrator
Business Development Manager
Operations Director
Chief Financial Officer
Risk Manager
Compliance Officer
Service Delivery Manager
Account Executive
General Manager
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