Evergreen Agreement

Evergreen Agreement Template for Denmark

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Document background

This Evergreen Agreement template is designed for use in situations requiring a long-term, automatically renewing contractual relationship under Danish law. It is particularly suitable for ongoing service provisions, continuous supply arrangements, or recurring business relationships where parties intend to establish a lasting commercial partnership. The agreement incorporates key Danish legal requirements and business practices, including specific provisions for termination notices, price adjustments, and change management procedures. It is structured to comply with Danish contract law while providing the flexibility needed for various business sectors. The document includes comprehensive terms for managing the ongoing relationship, risk allocation, and dispute resolution, making it suitable for both B2B and B2C contexts where permitted by Danish law.

Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services/Scope: Detailed description of services or obligations to be provided continuously

5. Term and Renewal: Initial term and automatic renewal provisions, including notice periods for non-renewal

6. Fees and Payment: Payment terms, price adjustment mechanisms, and invoicing procedures

7. Service Levels: Performance standards and metrics for ongoing service delivery

8. Change Management: Process for implementing changes to services, fees, or terms over time

9. Termination Rights: Grounds for termination, notice periods, and consequences of termination

10. Intellectual Property: IP rights and licenses granted between parties

11. Confidentiality: Protection of confidential information exchanged during the relationship

12. Liability and Indemnification: Limitation of liability and indemnification obligations

13. Force Majeure: Provisions for handling events beyond parties' reasonable control

14. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement

Optional Sections

1. Data Protection: Required if personal data is processed under the agreement, including GDPR compliance provisions

2. Insurance: Include if specific insurance requirements are needed for the services

3. Audit Rights: Include for agreements where service verification or compliance monitoring is important

4. Personnel: Include if specific requirements for service provider's personnel are necessary

5. Business Continuity: Include for critical services requiring disaster recovery and business continuity planning

6. Environmental Compliance: Include if services have environmental impact or sustainability requirements

7. Anti-Corruption: Include for international agreements or those with high compliance risk

8. Security Requirements: Include if services involve IT systems or sensitive information

Suggested Schedules

1. Service Description: Detailed technical or operational specifications of services

2. Service Levels and KPIs: Detailed performance metrics, measurement methods, and remedies

3. Fee Schedule: Detailed pricing, payment terms, and price adjustment mechanisms

4. Change Control Procedure: Detailed process for requesting, approving, and implementing changes

5. Personal Data Processing Agreement: Required if personal data is processed, detailing data protection obligations

6. Contact Details: Key contacts and escalation procedures for both parties

7. Security Requirements: Detailed security protocols and requirements

8. Exit Plan: Transition and termination assistance procedures

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