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Exclusive Use Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Use Agreement

"I need an Exclusive Use Agreement for granting exclusive rights to a retail company to operate within my shopping mall in Mumbai, with a 5-year term starting from January 1, 2025, including specific provisions for minimum revenue guarantees and maintenance obligations."

Document background
The Exclusive Use Agreement is a specialized contract used when one party wishes to grant another party sole and exclusive rights to use specific assets, properties, or rights within India. This document is essential in situations requiring protected access or usage rights, such as exclusive retail spaces, manufacturing facilities, technology licenses, or branded properties. The agreement must comply with Indian legal requirements, particularly the Indian Contract Act, 1872, and the Competition Act, 2002, while addressing specific industry regulations. It typically includes detailed provisions on scope, duration, territory, payment terms, quality control, and termination conditions. This type of agreement is particularly important in commercial relationships where exclusivity provides significant business value or competitive advantage to the user while protecting the rights holder's interests.
Suggested Sections

1. Parties: Identification and details of the parties entering into the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Defined terms used throughout the agreement

4. Grant of Exclusive Rights: Clear specification of the exclusive rights being granted

5. Scope of Use: Detailed description of permitted uses and limitations

6. Term and Territory: Duration of the agreement and geographical scope of exclusive rights

7. Payment Terms: Financial considerations, fees, and payment schedule

8. Obligations of Rights Holder: Responsibilities and commitments of the party granting the rights

9. Obligations of User: Responsibilities and commitments of the party receiving exclusive use rights

10. Representations and Warranties: Legal assurances and guarantees from both parties

11. Termination: Conditions and process for ending the agreement

12. Confidentiality: Protection of confidential information exchanged during the agreement

13. Dispute Resolution: Process for resolving disputes between parties

14. Governing Law: Specification of applicable law and jurisdiction

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

Optional Sections

1. Quality Control: Standards and requirements for maintaining quality in use of rights - relevant when exclusive use involves branded products or services

2. Insurance: Insurance requirements and obligations - important when exclusive use involves physical premises or high-risk activities

3. Intellectual Property Protection: Additional IP protection measures - necessary when exclusive use involves patents, trademarks, or copyrights

4. Sub-licensing Rights: Terms for allowing sub-licensing - applicable when user may need to extend rights to third parties

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in long-term exclusive use arrangements

6. Competition Compliance: Specific provisions ensuring compliance with competition laws - necessary in markets with strict anti-competition regulations

7. Change of Control: Provisions dealing with ownership changes - relevant for corporate parties

Suggested Schedules

1. Schedule 1 - Description of Rights: Detailed specification of the exclusive rights being granted

2. Schedule 2 - Territory Description: Detailed description of geographical areas covered by the exclusive use

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, payments, and calculation methods

4. Schedule 4 - Technical Specifications: Technical requirements and standards for the exclusive use

5. Schedule 5 - Service Levels: Performance metrics and service level requirements if applicable

6. Appendix A - Approved Forms of Use: Examples and templates of approved usage formats

7. Appendix B - Reporting Templates: Standard forms for required reporting under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































Clauses




































Relevant Industries

Real Estate

Technology

Manufacturing

Retail

Healthcare

Entertainment

Sports

Education

Hospitality

Telecommunications

Pharmaceutical

Research and Development

Media and Broadcasting

Industrial

Relevant Teams

Legal

Commercial

Operations

Business Development

Facilities Management

Property Management

Intellectual Property

Compliance

Risk Management

Corporate Affairs

Finance

Strategic Planning

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Operations Manager

Facility Manager

Property Manager

Intellectual Property Manager

Contract Administrator

Chief Executive Officer

Chief Operating Officer

Brand Manager

Licensing Manager

Real Estate Manager

Compliance Officer

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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