The Preliminary Contract is a crucial document used in Singapore business transactions when parties need to formalize their initial understanding while maintaining flexibility for detailed negotiations. It typically precedes more comprehensive agreements, particularly in complex transactions such as mergers, acquisitions, or joint ventures. This document includes essential terms, timelines, and obligations while adhering to Singapore's legal framework. The Preliminary Contract helps manage expectations, protect parties' interests during negotiations, and can include binding elements such as confidentiality and exclusivity provisions.
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1. Parties: Identification and details of contracting parties
2. Background: Context and purpose of the preliminary contract
3. Definitions: Key terms used throughout the document
4. Subject Matter: Core agreement details and scope
5. Duration: Timeframe of the preliminary contract
6. Binding Effect: Extent to which the preliminary contract is legally binding
1. Exclusivity: Used when parties agree not to negotiate with others during the preliminary period
2. Break Fee: Include when there's an agreement on compensation if negotiations fail
3. Conditions Precedent: When certain conditions must be met before proceeding to main agreement
4. Cost Allocation: Include when parties need to specify who bears what costs during preliminary phase
1. Timeline Schedule: Detailed timeline for negotiations and completion of final agreement
2. Required Documentation: List of documents to be provided during the preliminary phase
3. Due Diligence Checklist: If preliminary contract involves due diligence process
4. Term Sheet: Summary of key commercial terms to be included in final agreement
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