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Model Joint Venture (Consortium) Agreement 2017: 2nd Edition

  • Format: Book

  • Pages: 32

  • Publisher: FIDIC

  • Date Published: Feb 2017

  • Stock Code: 90288

  • ISBN: 9782884320795

  • Binding: Paperback

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Description

FIDIC has developed model forms for two types of associations between services suppliers - this Model Joint Venture Agreement and a Model Sub-Consultancy Agreement.

These two model forms of agreement are compatible with the 2017 fifth edition of FIDIC’s "Client/Consultant Model Services Agreement" (the White Book). FIDIC intends to publish Guides on the use of all of these Agreements.

This model Joint Venture Agreement will allow the parties to agree, on a project-specific basis, their obligations, services and rewards within the Joint Venture created among them by the effect of this Model Joint Venture Agreement. It is not intended to create a legal entity or to be used to create a more permanent non-project specific legal association.

The Joint Venture´s action, capacities and internal decision making processes have been clearly structured.

One purpose of a model agreement such as this is to raise the awareness of the Members of the Joint Venture as to what should be in the Agreement to mitigate their individual risks and avoid disputes between themselves.

A second purpose is to provide the Members with a manageable agreement which establishes clear responsibilities and legal capacities to act. It is aimed to avoid disputes and deadlocks between the Members.

CONTENTS

AGREEMENT

GENERAL CONDITIONS

1 Definitions, Interpretations and Communication

2 Joint Venture

3 Proposal Submission

4 Performance of the Services

5 Governing Law and Language

6 Exclusivity

7 Executive Authority

8 Documents

9 Personnel

10 Assignment and Third Parties

11 Enforceability

12 Member in Default

13 Duration of the Agreement

14 Liability

15 Insurance

16 Promotional and Project Costs, Profits, Losses and Remuneration

17 Financial Administration and Accounting

18 Bank Accounts and Working Capital

19 Guarantees and Bonds

20 Confidentiality

21 Intellectual Property

22 Disputes and Arbitration

23 Notices and Other Communications

24 Entire Agreement and Amendments

 

APPENDICES

1 Particular Conditions

2 Financial Administration Services

3 Allocation of the Obligations and Services

4 Financial Policy and Remuneration

5 Steering Committee

6 Project Director

7 Project Manager

8 Cross Guarantee and Indemnity Agreement

9 Code of Conduct

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