This Evergreen Agreement template is designed for use in establishing long-term, automatically renewing business relationships under Canadian law. It is particularly suitable for ongoing service arrangements, subscription-based business models, or continuous supply relationships where parties intend to maintain a lasting business relationship without the need for frequent contract renewals. The document incorporates essential provisions required by Canadian federal and provincial legislation, including competition law considerations, consumer protection requirements where applicable, and provincial contract law requirements. It includes mechanisms for price adjustments, service level modifications, and clear termination procedures, making it adaptable to changing business needs while maintaining legal compliance. The agreement is structured to provide both flexibility and security, with careful attention to renewal terms, modification procedures, and exit rights to protect all parties' interests.
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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: Key terms used throughout the agreement
4. Term and Renewal: Details of the initial term and automatic renewal mechanism
5. Scope of Services/Products: Core obligations and deliverables under the agreement
6. Payment Terms: Pricing, payment schedule, and price adjustment mechanisms
7. Performance Standards: Required service levels or product specifications
8. Modification Mechanism: Process for updating terms, prices, or specifications over time
9. Termination Rights: Grounds and process for termination, including notice periods
10. Confidentiality: Protection of confidential information
11. Representations and Warranties: Standard and specific assurances from both parties
12. Limitation of Liability: Caps and exclusions on liability
13. Dispute Resolution: Process for resolving disagreements
14. Force Majeure: Handling of events beyond parties' control
15. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Data Protection: Required if personal data is processed under the agreement
2. Intellectual Property: Required if IP is created, licensed, or transferred
3. Insurance: Required for high-risk services or significant liability exposure
4. Security Requirements: Required for agreements involving IT systems or sensitive information
5. Regulatory Compliance: Required for regulated industries or activities
6. Business Continuity: Required for critical services or long-term supply arrangements
7. Environmental Compliance: Required for agreements with environmental impact
8. Change Control: Required for complex services or technical implementations
1. Schedule A - Services/Products Specification: Detailed description of services or products
2. Schedule B - Pricing and Payment Terms: Detailed pricing structure, including adjustment mechanisms
3. Schedule C - Service Levels: Specific performance metrics and measurement methods
4. Schedule D - Key Personnel: List of key contacts and responsible individuals
5. Schedule E - Technical Requirements: Technical specifications or system requirements
6. Appendix 1 - Change Request Form: Standard form for requesting changes to the agreement
7. Appendix 2 - Report Templates: Standard formats for required reporting
8. Appendix 3 - Notice Details: Contact information and procedures for formal notices
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
Professional Services
Manufacturing
Telecommunications
Healthcare
Facilities Management
Media and Entertainment
Financial Services
Real Estate
Energy and Utilities
Retail
Distribution and Logistics
Education
Business Services
Relevant Teams
Legal
Procurement
Finance
Operations
Sales
Business Development
Risk Management
Compliance
Commercial
Vendor Management
Contract Administration
Account Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Business Development Manager
Commercial Director
Chief Financial Officer
Operations Manager
Account Manager
Sales Director
Vendor Manager
Risk Manager
Compliance Officer
General Manager
Chief Operating Officer
Partnership Manager
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