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Consortium Agreement Between Companies
"I need a Consortium Agreement Between Companies for three Malaysian construction companies collaborating on a major infrastructure project in Kuala Lumpur, with project commencement planned for March 2025 and including specific provisions for equipment sharing and joint liability."
1. Parties: Identification of all consortium members with full legal names and registration details
2. Background: Context of the consortium formation, including the business opportunity or project that brought the parties together
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Purpose and Scope: Detailed description of the consortium's objectives and scope of activities
5. Duration: Term of the consortium agreement, including commencement date and conditions for extension
6. Contributions and Resources: Each party's contributions (financial, assets, personnel, expertise) to the consortium
7. Management and Decision Making: Governance structure, voting rights, and decision-making processes
8. Rights and Obligations: Detailed responsibilities and obligations of each consortium member
9. Financial Arrangements: Cost sharing, profit distribution, accounting procedures, and financial management
10. Intellectual Property Rights: Ownership and usage rights of existing and newly created IP
11. Confidentiality: Protection and handling of confidential information
12. Liability and Indemnification: Risk allocation, liability limitations, and indemnification provisions
13. Termination: Grounds for termination and consequences
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Competition Compliance: Specific provisions ensuring compliance with Malaysian competition laws, needed when the consortium could impact market competition
2. Change Control: Procedures for managing changes to the consortium's scope or operations, recommended for complex or long-term projects
3. Insurance: Insurance requirements and obligations, important when significant risks are involved
4. Force Majeure: Provisions for handling unforeseen circumstances, recommended for long-term or high-value projects
5. Anti-Corruption Compliance: Specific provisions for anti-corruption compliance, necessary when dealing with government contracts or high-risk sectors
6. Environmental Compliance: Environmental obligations and commitments, required for projects with environmental impact
7. Local Content Requirements: Provisions addressing Malaysian local content requirements, necessary for certain regulated industries
8. Step-In Rights: Rights to step in and take over obligations of defaulting members, useful for critical projects
1. Business Plan: Detailed business plan including project scope, timelines, and deliverables
2. Financial Model: Detailed financial projections, cost allocation, and profit-sharing mechanisms
3. Contribution Schedule: Detailed list of each party's contributions including timing and valuation
4. Governance Procedures: Detailed procedures for meetings, voting, and decision-making
5. Technical Specifications: Technical requirements and specifications for the project
6. Key Personnel: List of key personnel from each party and their roles
7. Insurance Requirements: Detailed insurance requirements and minimum coverage levels
8. Compliance Requirements: Specific regulatory and compliance requirements applicable to the consortium
9. Form of Accession Deed: Template for admitting new members to the consortium
10. Service Levels: Performance standards and service level requirements
Authors
Construction
Infrastructure Development
Oil and Gas
Technology and Communications
Manufacturing
Energy
Transportation
Real Estate Development
Healthcare
Education
Defense
Renewable Energy
Mining
Agriculture
Legal
Corporate Affairs
Finance
Risk Management
Compliance
Business Development
Operations
Project Management
Commercial
Strategy
Corporate Secretariat
Executive Leadership
Chief Executive Officer
Chief Legal Officer
Legal Director
Contract Manager
Project Director
Business Development Director
Chief Financial Officer
Corporate Secretary
Risk Manager
Operations Director
Commercial Director
Joint Venture Manager
Compliance Officer
General Counsel
Managing Director
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