Joint Venture / Consortium Agreement to Provide Service

The Joint Venture / Consortium Agreement to Provide Service is a document that establishes a joint venture between multiple parties to provide services for a specific project. The importance of this document lies in its ability to clearly define the roles, responsibilities, and obligations of each participant in the joint venture. It ensures that all parties are on the same page and have a clear understanding of the project and the services to be provided.

 

The document begins with an interpretation section that defines key terms used throughout the agreement. This section ensures that all parties have a common understanding of the terminology used in the document.

 

The agreement then outlines the establishment of the joint venture and the appointment of the JV leader. The JV leader is responsible for managing the joint venture's affairs and acting as the liaison with the client. The agreement also establishes a policy committee, comprised of representatives from each participant, to make decisions on the policies of the joint venture.

 

The document further details the process for submitting a proposal to the client. The participants are required to work together to prepare and submit the proposal, with the JV leader coordinating the process. Once the proposal is submitted, no changes can be made without the consent of all participants until the services agreement is effective.

 

The agreement also addresses the performance of the work. It specifies that the services must be carried out in accordance with the terms and conditions of the services agreement. Each participant is responsible for fulfilling their obligations as prescribed in Schedule 3, subject to any amendments agreed upon by the participants.

 

Other important provisions of the agreement include language requirements, exclusivity obligations, executive authority, document management, personnel assignments, assignment and third-party restrictions, dispute resolution procedures, and financial administration and accounting responsibilities.

 

Overall, this agreement is crucial for establishing a joint venture and ensuring that all participants are aligned in their roles and responsibilities. It provides a framework for the successful execution of the project and the provision of services to the client.

How to use this document?

1. Establish the joint venture: Agree on the participants and appoint the JV leader who will manage the joint venture's affairs and act as the liaison with the client.

2. Prepare and submit the proposal: Work together with the other participants to prepare and submit a proposal to the client. The JV leader will coordinate the process, and no changes can be made without the consent of all participants until the services agreement is effective.

3. Perform the work: Ensure that the services are carried out in accordance with the terms and conditions of the services agreement. Each participant is responsible for fulfilling their obligations as prescribed in Schedule 3, subject to any amendments agreed upon by the participants.

4. Manage executive authority: Establish a policy committee comprised of representatives from each participant to make decisions on the policies of the joint venture. The JV leader will act as the chairman of the committee.

5. Handle document management: All documents produced by the participants in connection with the project should bear the name of the joint venture. Documents submitted to the client should be signed by the services manager, unless they concern the interpretation of the services agreement or alterations to its terms.

6. Assign personnel: Assign a sufficient number of employees to the project to ensure compliance with the agreement. Each participant is responsible for its own employees and may engage sub-consultants with the approval of the client and other participants.

7. Follow financial administration and accounting procedures: Each participant is responsible for keeping its own accounts and dealing with its own financial affairs. The JV leader will provide financial administration services as outlined in Schedule 2.

8. Maintain insurance coverage: Each participant should maintain insurance coverage for the legal liabilities arising out of or in connection with the works or services for which they are responsible.

9. Handle disputes: Follow the dispute resolution procedures outlined in the agreement, including the jurisdiction clause and the process for giving notices.

10. Comply with the entire agreement: Ensure that all parties comply with the terms and conditions of the agreement. Any variations or amendments must be made in writing and signed by all parties involved.

Note: This guidance provides a brief overview of the steps involved in using the document. It is important to refer to the actual agreement for detailed instructions and specific requirements.