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Fundamentals of joint venture agreement.pdf

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4.2 The Negotiation PhaseAt this point, the partners should focus not only on the details<strong>of</strong> the type <strong>of</strong> <strong>joint</strong> <strong>venture</strong> but also on the potential problems in theparties’ future relationship. Some <strong>of</strong> the issues are listed below:∗ Agreement over business plans;∗ Probe into the inadequacies and weaknesses <strong>of</strong> each partner;∗ Adequate documentation - confidentiality <strong>agreement</strong>, technologytransfer, technology licensing, patent or trade mark licensing,supply <strong>of</strong> machinery etc.;∗ Clear understanding as to what each partner can do, and cannot do,to avoid any misunderstanding later on;∗ The extent <strong>of</strong> ownership <strong>of</strong> each party in the <strong>joint</strong> <strong>venture</strong>;∗ To define the agreed dividend policy;∗ Building <strong>of</strong> consensus on key problems;∗ Setting exit barriers for each partner through mutual interdependence;∗ Methods <strong>of</strong> valuing the business and settling the partner’s dues incase one <strong>of</strong> the partners wishes to pull out <strong>of</strong> the alliance at a laterstage.4.3 The execution phaseThis involves putting up the project within the shortest timeperiod. This needs a great deal <strong>of</strong> team spirit amongst personnel fromall the partners. The technical information actually starts flowing atthis stage. Disputes may arise on equipment pricing, on quality <strong>of</strong>assigned staff, technological changes or adaptations found necessary

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