Cooperation Agreement Between Two Universities

A joint declaration of intent is a document that outlines the parties` general understanding of the essential elements that will be put to the vote at a later date. A confidentiality agreement ensures that neither party can disclose confidential information about the proposed cooperation without the consent of the other party. An exclusivity agreement prevents the parties from entering into negotiations with other institutions for cooperation such as the one under consideration. Not all cooperation requires the withdrawal of the three agreements. In many cases, all three agreements may be included in a document, although, if this option is chosen, the institutions should be clear as to which parts of the agreement will become law and which will not. Each institution is responsible for the costs incurred by its staff under the agreement. Each division within the institutions concerned that wishes to participate in an exchange appoints a coordinator to oversee and facilitate the implementation of the agreement. Coordinators who work with other appropriate administrators at the universities concerned are tasked with: Another issue to consider at the beginning of international cooperation is whether an exclusivity or lockout agreement is essential to the transaction. An exclusivity agreement is intended to ensure that the other party does not mess with other parties that may have an impact on the transaction. Whether an exclusivity agreement can be negotiated depends on the bargaining power of the shares in the transaction. If one of the universities has the strongest negotiating position, it should try to ensure that the other party signs an exclusive agreement, as this provides additional security. An exclusivity agreement requires careful development in order to be legally binding.

If, for example, an agreement not to negotiate with others should be binding if its terms are sufficiently clear, it is unlikely that a negotiated agreement will bind the parties. The solution for breach of an exclusivity agreement is probably a prejudice to the wasted costs and not a loss of profits due to the fact that the joint venture does not intervene. Therefore, if a party violates an exclusivity agreement, it is unlikely that the likely attribution to the victim will be significant. That is why it is never appropriate to rely solely on a statement of intent. Once a Memorandum of Understanding has been concluded, it is important to take advantage of this positive momentum to agree on a more detailed cooperation agreement. Cooperation based solely on a Memorandum of Understanding will not adequately cover potential risks. While there is always an argument in favour of the absence of a declaration of intent and the immediate continuation of the negotiation of the cooperation agreement in order to avoid time and costs, experience shows that international cooperation often takes time to negotiate and that legal documents that support cooperation can often become complex, especially since the parties are not in an overall view of their obligations to cooperate. It is often tempting for the parties to make a statement of intent themselves on the basis that it describes the economic reality and not the legal feasibility of the business, but this could be a costly error and appropriate advice should be sought. The Memorandum of Understanding is the cornerstone on which the parties can negotiate and ultimately sign the cooperation agreement. It also serves as a checklist to ensure that all keywords have been included in the cooperation agreement. First, the parties can ensure that they are working for the same purpose and that long-term legal arguments can be avoided in the future. A Memorandum of Understanding sets a timetable for the transaction that gives the parties a clear direction on what to do and when.