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Legal information for the user of the sample contract and sample clauses
The contract samples are samples for contractual designs in the field of technology transfer, which have arisen in collaboration with universities and with experts employed within the field of technology transfer.
The essential conditions of the contract sample reflect the special requirements of the universities for contract conclusions with economical partners in the field of technology transfer. With the outline of the contract sample, the requirements of the economic partner are considered, based on the experience of universities to date in dealing with economic partners.
The contract samples have been created subject to the specialist relationship of the legal department of the universities and external legal consultants. The user can therefore assume that the contract sample and individual clauses of the contract sample are compliant with Austrian and European law, and that the specific formulations of individual clauses comply with customary standards for the relevant facts to be regulated. It can also be assumed that the individual conditions of the contract sample are attuned to one another and therefore do not need to be further adapted.
Information, such as the contract sample, its clauses and options for use, can also be found in the relevant handbook. Here you will also find general implementations for cartel-legal, state-aid and other legal framework conditions, which the user of the contract sample would wish to be at least aware of.
With the use of the contract samples, the user should always be aware and check whether the contract sample and/or individual clauses also cover of the individual facts that the user would like to contractually regulate. The contract samples can therefore often be adopted in full; however, adaptation to the individual case can be executed. It should also be considered that the use of an alternative clause in a contract sample often leads to the necessity to adapt other conditions in their concrete formulation. For these adaptation procedures, it is advisable to seek legal support to ensure that a there is a legal and contextually clear contract, which reflects the will of the parties and does not lead to a reason for dispute later on due to unclear or incomplete formulations.
The individual conditions of the contract sample, in many cases, serve only as a proposal for a possible design of contracts or even simply as a checklist for possible issues requiring regulation. It is recommended in any case to seek legal support for the concrete design of an agreement.
Separate to the contract samples, the sample clauses serve the purpose of presenting how individual subjects can be regulated or even formulated differently. Never should you assume that the juxtaposition of individual sample clauses presents a complete and self-contained, logical contract. For the concrete formulation of this type of contract, it is advisable to seek legal assistance.