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Intercompany Cost Plus Agreement
1. Parties: Identification of the service provider and service recipient entities
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Key terms used throughout the agreement including 'Costs', 'Markup', 'Services'
4. Scope of Services: Detailed description of services to be provided
5. Cost Calculation: Definition of cost base and methodology for cost determination
6. Markup: Specified markup percentage and justification for arm's length nature
7. Invoicing and Payment: Terms for invoicing, payment timing, and currency
8. Documentation Requirements: Record-keeping obligations for transfer pricing compliance
9. Term and Termination: Duration of agreement and termination provisions
10. Confidentiality: Protection of confidential information exchanged
11. Governing Law and Jurisdiction: Specification of Danish law and jurisdiction
1. Service Levels: Specific performance metrics and standards, used when service quality measurement is crucial
2. Intellectual Property: IP rights and licenses, needed when services involve IP creation or usage
3. Employee Secondment: Terms for staff assignments between entities, if applicable
4. Force Majeure: Provisions for extraordinary circumstances, if desired
5. Dispute Resolution: Alternative dispute resolution procedures, if preferred over standard court proceedings
6. Tax Gross-Up: Provisions for tax withholding and gross-up, relevant for cross-border services
1. Schedule A - Detailed Service Description: Comprehensive list and description of all services covered
2. Schedule B - Cost Allocation Methodology: Detailed methodology for calculating and allocating costs
3. Schedule C - Markup Calculation: Detailed explanation of markup calculation with benchmarking support
4. Schedule D - Service Levels: Specific performance metrics and measurement methods
5. Schedule E - Key Personnel: List of key personnel involved in service delivery
6. Appendix 1 - Transfer Pricing Documentation: Supporting documentation for arm's length nature of arrangement
7. Appendix 2 - Invoicing Template: Standard format for monthly/quarterly invoicing
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