This Non-Exclusive Agreement template is designed for use in commercial relationships under Belgian law where one party wishes to grant rights, licenses, or permissions to another while retaining the ability to grant similar rights to third parties. It is particularly valuable for businesses seeking flexible partnerships without exclusivity constraints, common in scenarios such as distribution agreements, licensing arrangements, or service provisions. The document incorporates essential elements required by Belgian civil and commercial law, including provisions from the Code of Economic Law and relevant EU regulations. It addresses key aspects such as scope of rights, payment terms, obligations, liability limitations, and termination conditions, while ensuring compliance with Belgian competition law requirements. This template is adaptable across various industries and can be customized to specific commercial needs while maintaining its core non-exclusive nature.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions: Key terms used throughout the agreement
4. Grant of Rights: Explicit declaration of non-exclusive rights being granted and their scope
5. Term and Duration: Period of the agreement, including commencement date and duration
6. Payment Terms: Financial arrangements, fees, payment schedule, and invoicing requirements
7. Parties' Obligations: Specific duties and responsibilities of each party
8. Representations and Warranties: Statements of fact and guarantees by both parties
9. Limitation of Liability: Extent and limitations of parties' liabilities
10. Confidentiality: Protection of confidential information exchanged during the agreement
11. Termination: Conditions and procedures for ending the agreement
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
13. General Provisions: Standard clauses including notices, amendments, and severability
1. Intellectual Property Rights: Detailed IP provisions when the agreement involves licenses or IP usage
2. Quality Control: Standards and quality requirements when relevant to products or services
3. Territory Restrictions: Geographic limitations on the non-exclusive rights
4. Competition Compliance: Specific provisions ensuring compliance with competition laws
5. Data Protection: GDPR compliance provisions when personal data processing is involved
6. Insurance: Insurance requirements if relevant to the activities covered
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Assignment and Sub-contracting: Rights and restrictions regarding transfer of obligations
9. Audit Rights: Right to audit compliance with agreement terms when necessary
1. Schedule 1 - Services/Products Description: Detailed description of services or products covered by the agreement
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Schedule 3 - Service Levels: Performance metrics and standards if applicable
4. Schedule 4 - Technical Requirements: Technical specifications or requirements
5. Schedule 5 - Contact Details: Key contacts and notice details for both parties
6. Appendix A - Compliance Requirements: Specific regulatory or compliance requirements
7. Appendix B - Form of Reports: Templates for required reports or documentation
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