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Cost Sharing Contract
"I need a Cost Sharing Contract governed by Malaysian law for a shared IT services arrangement between our parent company and three subsidiary companies, with implementation planned for March 2025 and including provisions for quarterly cost reconciliation."
1. Parties: Identification and details of all parties entering into the cost sharing agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the cost sharing arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Scope of Cost Sharing: Clear outline of what costs are to be shared and the nature of shared activities
5. Cost Allocation Method: Detailed methodology for calculating and allocating costs between parties
6. Payment Terms: Timing, method, and currency of payments, including invoicing procedures
7. Accounting and Records: Requirements for maintaining financial records, audit rights, and reporting obligations
8. Governance Structure: Decision-making process and management of the cost sharing arrangement
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Protection of confidential information shared during the arrangement
11. Dispute Resolution: Process for resolving disagreements between parties
12. General Provisions: Standard legal clauses including notices, amendments, governing law, etc.
1. Intellectual Property Rights: Required when the cost sharing involves development or use of intellectual property
2. Tax Considerations: Needed when specific tax implications need to be addressed
3. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
4. Insurance Requirements: Necessary when shared activities require specific insurance coverage
5. Personnel and Resources: Include when sharing involves human resources or specific assets
6. Environmental Compliance: Required when shared activities have environmental implications
7. Change Control Procedure: Include for complex arrangements requiring formal change management
1. Schedule A - Cost Allocation Formula: Detailed breakdown of cost allocation methodology and calculations
2. Schedule B - Shared Services/Activities: Comprehensive list of services or activities covered under the agreement
3. Schedule C - Budget and Financial Projections: Detailed budget breakdown and financial forecasts
4. Schedule D - Operational Procedures: Step-by-step procedures for day-to-day operations
5. Schedule E - Key Personnel: List of key contacts and their roles from each party
6. Schedule F - Service Levels: Performance metrics and standards for shared services
7. Appendix 1 - Reporting Templates: Standard templates for financial and operational reporting
8. Appendix 2 - Governance Framework: Detailed structure and procedures for governance committees
Authors
Manufacturing
Technology
Oil and Gas
Real Estate
Shared Services
Financial Services
Healthcare
Construction
Telecommunications
Research and Development
Professional Services
Infrastructure
Finance
Legal
Operations
Commercial
Procurement
Compliance
Business Development
Contract Administration
Shared Services
Project Management
Risk Management
Partnership Management
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Operations Manager
Project Manager
Procurement Manager
Financial Controller
Compliance Officer
Business Development Manager
Contract Manager
Account Manager
Shared Services Manager
Partnership Manager
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