In modern business, companies are increasingly collaborating. Whether it is a one-off project or a long-term collaboration, good contractual agreements are essential. The lawyers at Guldemond Advocaten have extensive experience in drafting, assessing and negotiating cooperation agreements for a variety of sectors and situations.

Freedom of contracting

One of the great advantages of collaboration agreements is the freedom of contract that the parties have. Unlike many other agreements, the law has no specific provisions for cooperation agreements. This offers room for customization, whereby we can tailor the agreements exactly to your wishes and business situation. Of course within the limits of law, morality and public order.

Forms of cooperation

Depending on your goals, different forms of contract may be appropriate:

• Project Specific Collaboration: For a one-time project, we draft an agreement that defines the scope, responsibilities and risk allocation specific to that project.
• Framework agreements: For regular collaborations, a framework agreement offers flexibility. It establishes the basic conditions, after which specific contracts are executed through partial agreements.
• Strategic Alliances: For long-term collaborations, we develop contracts that allow for growth and adaptation while providing security for all parties involved.

Explanation and interpretation of contracts

In practice, discussions often arise about the interpretation of contractual provisions. The so-called Haviltex criterion plays a role here: not only the literal text, but also the intentions of the parties and the context of the agreements are important. When drafting contracts, we ensure that:

• The intentions of the parties are carefully recorded.
• The context of the agreements is clearly documented.
• Important definitions are clearly defined.
• Negotiations and correspondence are well maintained.

Termination of cooperation

An important part of any cooperation agreement is the possibility of termination. We make a clear distinction between different termination options:

• Rescission for default: if a party fails to fulfil its obligations, the contract can be rescinded. A notice of default with a recovery period is usually required.
• Termination for long-term contracts: termination is possible for contracts of indefinite duration. We provide clear notice periods and conditions.
• Fixed-term termination: for fixed-term contracts, we set out the conditions under which interim termination is possible.

Efficient dispute resolution

To efficiently resolve future disputes, we pay particular attention to:

• Choice of competent court or alternative dispute resolution.
• Governing law.
• Clear agreements on evidence and escalation procedures.

Preventive advice

Prevention is better than cure. Therefore, we proactively advise on risk allocation, liability limitations, exit scenarios, intellectual property rights, confidentiality and competition.

Practical support

Our lawyers will guide you through the entire process, from analyzing your partnership goals to drafting and reviewing contracts, conducting negotiations and implementing agreements. Should disputes arise, we will assist you with strategic advice and legal support.

Contact

Are you about to enter into a cooperation agreement or want to have an existing agreement reviewed? Contact Guldemond Advocaten.