This Evergreen Agreement template is designed for business relationships requiring continuous, ongoing arrangements under Philippine law. It is particularly useful for service provisions, supply arrangements, or partnership structures where parties intend to establish a long-term relationship with automatic renewal features. The document incorporates essential elements required by Philippine contract law, including specific provisions for termination rights, price adjustments, and dispute resolution mechanisms. The automatic renewal nature of this Evergreen Agreement makes it ideal for situations where services or obligations need to continue indefinitely until actively terminated by either party. The template includes safeguards to ensure compliance with Philippine competition laws and consumer protection regulations, while maintaining flexibility to accommodate various business needs and sector-specific requirements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Services/Scope: Detailed description of services or obligations to be provided
5. Term and Renewal: Initial term and automatic renewal provisions, including renewal periods
6. Payment Terms: Pricing, payment schedule, and price adjustment mechanisms
7. Performance Standards: Required service levels and performance metrics
8. Termination Rights: Conditions and process for termination, including notice periods
9. Confidentiality: Protection of confidential information and trade secrets
10. Representations and Warranties: Basic warranties and representations of both parties
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. Force Majeure: Provisions for unforeseen circumstances and force majeure events
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Intellectual Property Rights: Include when agreement involves creation, licensing, or use of intellectual property
2. Data Protection: Include when personal data processing is involved, ensuring compliance with the Data Privacy Act
3. Insurance: Include when specific insurance coverage is required from either party
4. Compliance with Laws: Include when specific regulatory compliance obligations need to be highlighted
5. Security Requirements: Include when information security or physical security requirements are necessary
6. Change Control: Include when formal processes for changes to services or terms are needed
7. Dispute Resolution: Include when specific alternative dispute resolution mechanisms are preferred
8. Personnel Requirements: Include when specific qualifications or security clearances are required
9. Audit Rights: Include when one party requires rights to audit the other's performance or compliance
1. Schedule A - Service Specifications: Detailed technical specifications of services or deliverables
2. Schedule B - Pricing and Payment Terms: Detailed pricing structure, including any escalation formulae
3. Schedule C - Service Levels: Detailed service level agreements (SLAs) and performance metrics
4. Schedule D - Key Personnel: List of key personnel and their roles/responsibilities
5. Schedule E - Contact Details: Contact information for notices and day-to-day communications
6. Schedule F - Data Processing Requirements: Specific data handling and privacy requirements if applicable
7. Appendix 1 - Change Request Form: Standard form for requesting and documenting changes
8. Appendix 2 - Report Templates: Templates for required performance or status reports
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Professional Services
Manufacturing
Retail
Healthcare
Financial Services
Telecommunications
Logistics and Supply Chain
Real Estate
Utilities
Business Process Outsourcing
Facilities Management
Relevant Teams
Legal
Procurement
Finance
Operations
Commercial
Risk and Compliance
Business Development
Supply Chain
Vendor Management
Sales
Account Management
Relevant Roles
Legal Counsel
Contract Manager
Procurement Manager
Commercial Director
Business Development Manager
Operations Manager
Chief Financial Officer
Risk Manager
Compliance Officer
General Manager
Supply Chain Manager
Vendor Relations Manager
Account Executive
Sales Director
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