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Mutual Development Agreement
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and high-level objectives
3. Definitions: Defined terms used throughout the agreement
4. Scope of Collaboration: Detailed description of the development project and its objectives
5. Project Management: Governance structure, steering committee, and decision-making processes
6. Contributions: Each party's responsibilities, resources, and commitments
7. Development Process: Development methodology, milestones, and deliverables
8. Intellectual Property Rights: Ownership and licensing of pre-existing and newly developed IP
9. Confidentiality: Protection of confidential information and trade secrets
10. Data Protection: GDPR compliance and data handling procedures
11. Warranties and Representations: Standard warranties regarding capacity and authority
12. Liability and Indemnification: Allocation of risks and limitation of liability
13. Term and Termination: Duration, renewal, and termination provisions
14. Post-Termination Obligations: Continuing obligations after agreement ends
15. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Quality Assurance: Required when developing physical products or software with specific quality requirements
2. Regulatory Compliance: Needed when development involves regulated industries or products
3. Third-Party Contractors: Include when external contractors or consultants will be involved
4. Export Control: Required for international collaborations or technology with export restrictions
5. Insurance: Include when significant liability risks exist or physical products are involved
6. Competition Law Compliance: Needed when parties are competitors or market impact is significant
7. Change Control: Include for complex projects where scope changes are likely
8. Force Majeure: Optional but recommended for long-term development projects
9. Source Code Escrow: Include when software development is critical to the project
1. Project Plan: Detailed timeline, milestones, and deliverables
2. Technical Specifications: Detailed technical requirements and specifications
3. Background IP: List of pre-existing IP brought by each party
4. Key Personnel: List of key team members and their roles
5. Budget and Resources: Detailed cost breakdown and resource allocation
6. Testing and Acceptance Criteria: Criteria for accepting deliverables
7. Security Requirements: IT and physical security protocols
8. Service Levels: Performance metrics and standards
9. Approved Subcontractors: List of pre-approved third-party contractors
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