Among the most important aspects of work contracts that may require back-to-back arrangements are the ownership of delivery items. Subject to the rights of subcontractors and third parties in pre-existing intellectual property, all comprehensive or current services and related intellectual property rights are premium benefits, and the subcontractor transfers these rights to Prime. The subcontractor accepts that Prime possesses all patents, certificates of invention, utility models or other rights, copyrights or trade secrets covering the goods delivered, and that it has the full right to use the subcontractor`s unpretentious delivery elements for additional and unchallenged compensation, opposition or interference from subcontractors and subcontractors, and will induce each of its employees to waive its respective moral rights. The subcontractors will sign all the necessary documents and will otherwise help premium to safeguard, maintain and defend copyrights or other rights to protect delivery items in each country. The subcontractors, its agents, employees and subcontractors provide the delivery items to Prime in accordance with the schedule set out in a mission mandate. The term “back-to-back” refers to the replication of contractual conditions in the supply chain. A back-to-back agreement is an easy-to-conclude form of partnership, which is most often used when working together on a particular project. The parties remain independent, no new legal entities are created. A back-to-back contract may relate to many different things, but it is most used in construction, in which case it means that the main project partner requires its subcontractors to comply with the original contractual terms. In this use, the terms of a “back-to-back” contract can also be referred to as “integrated” by reference (unlike reformulated terms).
To avoid such a situation, the principal contractors must ensure that the subcontracting has shorter notification times than those provided in the main contract, in order to ensure that the principal contractor has sufficient time to forward a subcontractor`s application to the employer. In addition, the subcontractor should require the subcontractor to provide exactly the same information about the right that the principal contractor must provide under the main contract. “services,” any work performed by subcontractors in accordance with this agreement, in accordance with the mission order, as well as equipment used by subcontractors in carrying out their mission obligations. “delivery elements,” items, products and materials made available by the subcontractor in accordance with a mission mandate. Unless otherwise stated, as intended, the duration of this subcontract begins on the effective date and ends [NUMBER] year after it. If, during the duration of the agreement, which provides for the conclusion after the end date of the agreement, a mission decision is approved, the mission is further interpreted as a written amendment to that agreement, extending the end date of the agreement to the closing date of the mission order. In general, “back-to-back” means that each document contains all the conditions and features like the next contract. You can open a back-to-back letter of credit containing all the same items as the previous one.
In residential construction, the term could refer to houses built side by side. Under English law, a “back-to-back” contract containing terms by reference cannot contain certain types of clauses from the main contract to the sub-contract. For these clauses, you may need to use a language in the sub-contract that expresses the desired terms in the main contract, rather than relying on a default use of the framework by the reference clause.