Indirect Cost Agreement Template for Switzerland

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Key Requirements PROMPT example:

Indirect Cost Agreement

"I need an Indirect Cost Agreement between our Swiss parent company and its three European subsidiaries, starting from January 2025, focusing mainly on IT and administrative overhead cost allocation with quarterly reconciliation provisions."

Document background
The Indirect Cost Agreement is a crucial document used to formalize the arrangement between parties for the allocation and management of indirect costs in business relationships. This agreement becomes necessary when entities share resources, facilities, or services that generate indirect costs requiring systematic allocation. It is particularly relevant in group structures, shared service arrangements, or complex business partnerships where overhead costs need to be distributed fairly and transparently. The agreement, governed by Swiss law, provides detailed methodologies for cost calculation, allocation bases, and documentation requirements, ensuring compliance with Swiss accounting standards and regulatory requirements. It includes comprehensive provisions for regular reporting, audit rights, and dispute resolution mechanisms, making it essential for establishing clear financial governance in business relationships involving shared costs.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and the business relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement, including specific cost categories and calculation methods

4. Purpose and Scope: Clear statement of the agreement's objectives and its scope of application

5. Indirect Cost Categories: Detailed classification and description of all indirect costs covered by the agreement

6. Cost Allocation Methodology: Specific methods and formulas used to calculate and allocate indirect costs

7. Cost Pools and Distribution Bases: Definition of cost pools and the bases used for distributing indirect costs

8. Billing and Payment Terms: Procedures and timelines for billing and payment of indirect costs

9. Reporting Requirements: Specifications for periodic reporting of indirect costs and supporting documentation

10. Audit Rights: Provisions for auditing indirect cost calculations and supporting documentation

11. Confidentiality: Provisions regarding the handling of confidential information

12. Term and Termination: Duration of the agreement and conditions for termination

13. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

14. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments

Optional Sections

1. Special Industry Requirements: Additional provisions specific to regulated industries or sectors

2. Government Contracting Provisions: Special requirements when one party is a government entity

3. Multi-currency Provisions: Specific provisions for handling indirect costs in multiple currencies

4. Affiliate Participation: Terms for extending the agreement to affiliated entities

5. Force Majeure: Provisions for handling unexpected events affecting cost calculations

6. Dispute Resolution: Alternative dispute resolution procedures, if preferred over standard court proceedings

7. Insurance Requirements: Specific insurance obligations related to the agreement

8. Transition Services: Provisions for transitioning to or from different cost allocation methods

Suggested Schedules

1. Schedule A - Cost Categories and Definitions: Detailed listing and description of all indirect cost categories

2. Schedule B - Allocation Methodology: Detailed formulas and examples of cost allocation calculations

3. Schedule C - Rate Cards: Specific rates and multipliers used in cost calculations

4. Schedule D - Reporting Templates: Standard templates for periodic cost reporting

5. Schedule E - Excluded Costs: List of costs specifically excluded from indirect cost calculations

6. Appendix 1 - Contact Information: Key contacts for both parties for various aspects of the agreement

7. Appendix 2 - Audit Procedures: Detailed procedures for conducting audits of indirect costs

8. Appendix 3 - Documentation Requirements: Specific requirements for supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Professional Services

Financial Services

Technology

Healthcare

Construction

Education

Research and Development

Energy

Telecommunications

Defense

Government Services

Consulting

Shared Services

Relevant Teams

Finance

Accounting

Legal

Operations

Compliance

Internal Audit

Treasury

Commercial

Procurement

Shared Services

Financial Planning and Analysis

Risk Management

Tax

Business Development

Corporate Development

Relevant Roles

Chief Financial Officer

Financial Controller

Cost Accounting Manager

Finance Director

Operations Manager

Shared Services Director

Business Unit Head

Financial Planning Analyst

Corporate Controller

Treasury Manager

Accounting Manager

Compliance Officer

Internal Audit Manager

Legal Counsel

Commercial Director

Partnership Manager

Service Delivery Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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