Our competent commercial lawyers advise, design or verify your cooperation agreement to protect your interests. What could happen without one of them? If you have not entered into a written agreement, English contract law may still apply to oral agreements, but there is less certainty about how your agreements are interpreted and, ultimately, in the event of a dispute, it may be more difficult to prove what the intention of the parties at the time of the terms agreement was actually. Another point you should consider is that if your project requires third-party financing or insurance, lenders, lenders and insurers are more likely to have a legally binding agreement so that they can refer to something concrete when delivering their services. A non-formal notice may be necessary if one (or more) parties to the project`s cooperation are concerned that the other parties to the project may attempt to “poach” their employees, subcontractors or advisors. The way in which a non-invitation clause is generally developed is to set a period during which other parties cannot address or request a party`s staff, advisors or subcontractors. There are strict legal guidelines on what form this period should take (it must be reasonable – this. B could be a number of months after the project is completed) and how the clause should be designed as a whole (it must be reasonable and protect a legitimate interest of the party that wants to enforce it), and it is advisable to have such provisions developed or re-examined by a legal expert. Otherwise, the clause could be struck down by a court and therefore unenforceable by the party who wishes to avail itself of it. These provisions may also include compensation to the party whose staff will withdraw to join another party working on the project, but this is a matter of trade negotiations between the parties to the cooperation agreement; Another important theme of your cooperation agreement is to define (as concretely as possible) what each employee should contribute to it. Cooperation agreements contain conditions for the relationship of staff, for example. B by the definition of: each party wishes to protect all information it provides to other parties that contain commercially sensitive or sensitive content and, therefore, obligations not to disclose and protect that information should be included in the agreement.
The agreement should clearly state the extent to which the parties can use this type of information, set limits on the use of commercial and customer and contact information (this may be intended exclusively for the project, but may be broader if the parties consent). The agreement should also specify whether the parties to the agreement can engage in activities that may be concurrent or similar to the project. One of the points is that all restrictive provisions must be carefully developed to ensure that they comply with EU and English competition rules; We don`t always know what we`re getting into when we launch a new project! Parties should be aware of the process they must follow in the event of a dispute between the project team, including in the forum in which disputes must be heard and resolved (this could be done between the parties` management, the votes of the project team or, ultimately, judicial or formal arbitration).