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Indirect Cost Agreement

Indirect Cost Agreement Template for Germany

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Key Requirements PROMPT example:

Indirect Cost Agreement

"I need an Indirect Cost Agreement under German law for allocating IT and administrative costs between our parent company in Munich and three subsidiary companies in Berlin, to be implemented from January 2025, with quarterly true-up provisions and specific audit rights."

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Document background
The Indirect Cost Agreement is essential for organizations operating under German law that need to establish a clear, legally compliant framework for allocating indirect costs between entities or departments. This document becomes necessary when organizations share resources, facilities, or services and need to fairly distribute overhead costs. It is particularly relevant for group companies, shared service centers, or joint ventures operating in Germany. The agreement must comply with German Commercial Code (HGB), Civil Code (BGB), and accounting principles (GoB), while also considering EU regulations. It typically includes detailed methodologies for cost pool identification, allocation keys, calculation procedures, and documentation requirements to ensure transparency and auditability.
Suggested Sections

1. Parties: Identification of the contracting parties and their legal status

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

3. Definitions: Definitions of key terms, including 'Indirect Costs', 'Cost Pools', 'Allocation Keys', and other relevant terminology

4. Scope of Agreement: Description of the activities and costs covered by the indirect cost allocation

5. Cost Allocation Methodology: Detailed explanation of how indirect costs will be identified, pooled, and allocated

6. Calculation and Application of Rates: Process for calculating indirect cost rates and applying them to direct cost bases

7. Payment Terms: Terms and conditions for payment, including timing, currency, and payment methods

8. Documentation Requirements: Requirements for maintaining records and supporting documentation

9. Audit Rights: Rights and procedures for auditing indirect cost calculations and supporting documentation

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

11. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

Optional Sections

1. Rate Adjustments: Procedures for adjusting rates during the agreement period - include when rates may need periodic adjustment

2. Dispute Resolution: Specific procedures for resolving disputes - include when parties prefer detailed dispute resolution procedures

3. Confidentiality: Provisions for protecting confidential information - include when sensitive cost data is involved

4. Force Majeure: Provisions for unforeseen circumstances - include when long-term or high-value agreement

5. Compliance with Specific Regulations: Additional compliance requirements - include when parties operate in regulated industries

6. Third Party Rights: Rights of third parties affected by the agreement - include when cost allocation affects third parties

Suggested Schedules

1. Schedule 1 - Cost Pools: Detailed listing and description of all indirect cost pools

2. Schedule 2 - Allocation Keys: Definition and calculation methodology for all allocation keys

3. Schedule 3 - Rate Calculation Template: Template and instructions for calculating indirect cost rates

4. Schedule 4 - Documentation Requirements: Detailed requirements for supporting documentation and records

5. Schedule 5 - Reporting Templates: Standard templates for periodic cost reporting

6. Appendix A - Sample Calculations: Examples of cost allocations using the agreed methodology

7. Appendix B - Contact Details: List of key contacts for administration of the agreement

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions









































Clauses






























Relevant Industries

Manufacturing

Automotive

Chemical Industry

Pharmaceutical

Technology Services

Shared Services

Industrial Production

Logistics and Transportation

Professional Services

Research and Development

Construction

Energy and Utilities

Relevant Teams

Finance

Legal

Compliance

Operations

Controlling

Treasury

Audit

Tax

Commercial

Shared Services

Business Development

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Controller

Cost Accounting Manager

Financial Planning Analyst

Legal Counsel

Compliance Officer

Operations Director

Shared Services Manager

Treasury Manager

Audit Manager

Business Unit Director

Commercial Director

Group Financial Controller

Tax 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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