Mutual Exclusivity Agreement Template for South Africa

1. Competition Law Compliance: Specific provisions ensuring compliance with South African competition laws, needed when the arrangement might impact market competition

2. Minimum Purchase Requirements: Include when the exclusivity is tied to specific purchase volumes or quotas

3. Marketing and Promotion: When parties need to specify marketing obligations and standards

4. Quality Control: Include when product or service quality standards need to be maintained

5. Sub-contracting Rights: When parties may need to engage third parties for certain aspects

6. Change of Control: Provisions dealing with ownership changes, needed for longer-term agreements

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term arrangements

8. Insurance Requirements: When specific insurance coverage needs to be maintained by either party

1. Schedule A - Product/Service Specification: Detailed description of products or services covered by exclusivity

2. Schedule B - Territory Definition: Detailed mapping of geographical areas covered by the exclusivity

3. Schedule C - Performance Metrics: Specific KPIs, targets, or minimum requirements

4. Schedule D - Pricing and Payment Terms: Financial terms and conditions if applicable

5. Schedule E - Reporting Requirements: Format and frequency of performance reporting

6. Appendix 1 - Compliance Checklist: Competition law compliance requirements and checkpoints

7. Appendix 2 - Contact Details: Key contact persons and communication protocols