MEDP 299.XX Hunter College at the City University of New YorkPosts RSS Comments RSS

Gainshare Agreement

Despite the obvious benefits, the parties must be aware of the potential difficulties encountered in the allocation of alliances. It seems that this type of agreement is best suited to situations where service providers are of similar size. If there is a dominant service provider in an alliance, this can have an impact on the impartiality of important decisions. Managing an alliance contract can also be difficult in situations where a large number of parties are involved. Gain`s stock contracts do not specifically address cost savings or the provision of cheaper services than expected (although this may be related to the anticipation of equity earnings). Contracts that are identified as profit shares, but which simply reward avoided costs, could suggest a fundamental misunderstanding of one or more parties. One way to test this would be to look at how key performance indicators (KPIs) or service level agreements (ALS) were expressed. In the recent case of Neocleous -v- Rees, an automatic signature email was considered sufficient for the purposes of Section 2 of the Miscellaneous Provisions Act 1989 to bind the parties to a land transfer agreement for the settlement of a pre-litigation right. We advise a wide range of trade agreements ranging from trade agreements, outsourcing and other trade agreements to specialized projects.

We have professional experience in healthcare, financial services, media, entertainment and sports, private equity and logistics. Our clients include a number of large listed and private companies, start-ups, financial institutions and public sector organizations. This is the second in a series of quarterly alliance-themed blogs and discusses the Painshare and Gainshare provisions, which are essential for a number of alliance contracts. It examines the principles of payment in the context of an alliance contract and takes into account the various factors to be taken into account when agreeing to these factors, such as the positions of each party. B how they are coordinated and how service providers can benefit from sufficient incentives. The risk and reward system or the breadshare/gainshare mechanism used varies from contract to contract. This is often a percentage breakdown of savings (benefits) or over-spending (pain) between the Commissioner and the service provider, for example. B against target costs. A 50:50 division of gain or pain will of course be the simplest, but often the parties will provide more complex arrangements that will prompt certain behaviors. On April 1, 2019, the complainant bank ICBC obtained a default judgment of more than HK 379 million and interest against Wisdom Top, defendant, as part of a facility agreement of June 24, 2013, later amended. ICBC filed with the Registrar of the Hong Kong High Court, pursuant to the S.21 of the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (regulation) and order 71B, r.2 of the High Court rules, an application for a certified ex parte copy of the judgment and a certificate issued by the High Court for the purpose of execution on the mainland.

No responses yet

Comments are closed.