Tripartite Agreement Template
This Service Agreement (the “Tripartite Agreement”) entered into by and between the following parties:
1. __________, (hereinafter referred to as the “Entity”),
2. __________, (hereinafter referred to as the “Contractor”), and
3. __________, (hereinafter referred to as the “DB Member”)
Hereinafter collectively referred to as the "Parties".
The Parties have agreed to include to this Tripartite Agreement the _________ Center (hereinafter referred to as the “Center”), having its place of business at its institutional premises: ____________.
This Agreement is entered into under the terms and conditions set forth hereinafter:
ONE – RECITALS
The Entity is __________.
The Contractor is __________.
The DB Member is an independent professional with extensive experience in dispute settlement regarding construction contracts.
The Entity has awarded to the Contractor the construction contract for _______ (hereinafter, the “Construction Contract”).
The Construction Contract provides for the creation and operation of a Dispute Resolution Board, governed by the Law, Rules and Directives issued by the OSCE (hereinafter, the “Applicable Rules to the DB”), which shall be responsible for the issuance of decisions in case of disputes related to the Construction Contract.
The DB Member has agreed to join the Dispute Resolution Board which addresses issues regarding the Construction Contract (the “DB”), under the terms and conditions set out in the Applicable Rules to the DB and this Tripartite Agreement.
The Entity and the Contractor do hereby appoint the DB Member as a member of the DB, under the terms and conditions set out in the Applicable Rules and this Agreement.
The purpose of the DB is to try to prevent disputes related to the Construction Contract and, if applicable, to impartially solve the disputes that arise, issuing decisions that shall be binding, but not final, as provided in the Applicable Rules to the DB.
The DB Member does hereby declare that he/she has the required capacity and authority to participate as a member of the DB in accordance with the provisions of the Law, Rules and this Tripartite Agreement.
TWO - PURPOSE
By virtue of this document, the Entity and the Contractor agree to engage the services of the DB member, individually, so it provides assistance to the Parties in the avoidance or mitigation of Disputes related to the Construction Contract. Each DB Member agrees to comply with his/her obligations individually and is not responsible for the actions performed by other DB Members.
The actions taken by the DB member to comply with the obligations assumed by virtue of this Agreement, shall be carried out at their own risk and expense.
This includes travel expenses and other expenses in accordance with the Regulations and as established by the Center.
This includes travel expenses and other expenses in accordance with the Regulations and as established by the Center. The Parties do hereby agree that the DB Member shall not receive any extraordinary bonus payment. In the same sense, the DB Member undertakes not to receive under this Tripartite Agreement any type of bonus, commission, percentage or additional payment of any nature in addition to the items mentioned in the preceding paragraph.
FIVE - TERM
The DB Member shall provide his/her services from the date of execution of the Minute of Commencement of Functions up to the full delivery of the Construction Contract.
SIX - TERMINATION
[The Parties establish, by mutual agreement, the grounds and procedures for terminating this contract]
SEVEN – SETTLEMENT OF DISPUTES
[The Parties establish, by mutual agreement, the means of dispute resolution that they deem pertinent, which may include conciliation and/or arbitration].
EIGHT – ADDRESSES OF THE PARTIES:
For the purposes of this Agreement, the parties indicate as their addresses those mentioned in the introduction of this instrument, which shall only be changed with a prior notice sent by the interested Party to the Center with at least seven (7) business days prior to the effective change of the address.
If these formalities for the change of address are not followed, the address indicated in the introduction of this document shall be understood as valid.
Any amendment, clarification, extension or termination of this Agreement shall be in writing so that it is valid among the Parties.
In witness whereof, this Agreement was signed and executed in ____ () counterparts
in ………., on ______ ___, 20_.”