Legal Agreement Types aka Contracts

Many agreements that are not commonly referred to as contracts -- such as Memoranda of Agreement, Memoranda of Understanding, Letters of Intent, etc. -- are actually contracts.  Even an IOU written on a paper napkin could suffice.  Contracts can be formal documents with lots of whereas clauses, memoranda of understanding, letter agreements, clickwrap or clickthrough agreements, or anything that requires an exchange of consideration.  They can even be verbal (although entering a verbal contract on behalf of the University is not recommended).  Do not look to the name of the agreement, but rather its characteristics to determine if it is a contract.  If there is an offer, acceptance, and exchange of consideration, it is most likely a contract.

Agreement Types

Type Name: Type Definition:
Affiliation Agreement An agreement used to establish a relationship of a continuing nature with an outside entity, typically used in our teacher education or health sciences programs for additional learning opportunities related to an outside academic clinical, student placement or training site.
Collaboration Agreement An agreement entered between UD and another party, often used in research projects, about the nature of their working relationship. It typically specifies the intent of the parties to share data, research materials, facilities, etc.
Construction Contract An agreement between UD and a construction entity (typically a contractor or supplier) regarding that entity's performances of certain services for a construction project and the terms, conditions and scope of those services.
Consulting/Independent Contractor Agreement An agreement between the University and an independent contractor (sometimes called a "consultant") performing work for the university on a specific project or service. This agreement should clearly state that the retained entity party is a separate entity performing a specific service for the University.
Employment Contract An agreement between the University and a hired individual (employee) specifying conditions between the University and the employee such as compensation and expectations.
Facility Use Agreement An agreement that should be used any time an external party or group uses a University facility. These agreements are typically short-term and can include but are not limited to space for meetings, luncheons, day conferences and recreational activities.
Financial Agreement An agreement that outlines how a particular business plan or project is to be financed.
Joint Venture/ Partnership Agreement A business arrangement in which two or more parties agree to join their resources for the purpose of accomplishing a specific task where each participant is responsible for profits, losses, and costs associated with it.  Typically a "joint venture" means two or more parties have created a new legal entity to accomplish the business project.  The term "partnership" may be used more loosely, at times referring to a new entity (thus, corporate formalities such as with a JV) but at other times the term "partnership" may simply mean two or more parties are collaborating or working together on a particular project (without establishing a new corporate entity).
Lease Agreement A contract that outlines the terms under which one party agrees to rent property owned by another property. UD could be leasing its property to another party, or UD could be leasing property owned by another party/entity.  Typically a lease refers to facilities, but - less commonly - a lease could refer to things or services.
Letter of Intent A document expressing one party's intent to enter into a proposed transaction, which may reflect the agreement of the other party as well.  Generally such a document is an expression of interest before a final agreement is reached, which may be useful to a party seeking financing or approval to pursue a project further.  Typically such a document contains contingencies so that it is not fully binding on the party(ies).
License or Access Agreement (for space) A written contract by which a property owner permits another party to use that property, under a specific set of parameters. A license agreement differs from a lease as it only allows permission to do something on the owner's property, whereas a lease transfers a leasehold interest (more extensive enjoyment rights, often exclusive) to the tenant.  Shorter term facility use arrangements often use a "license" agreement rather than a lease.
License Agreement (for Intellectual property) An agreement between the University and another party granting permission of one party to use the intellectual property (patent, copyright, or trademark) of the other party.
Master Services Agreement A contract reached between parties, in which the parties agree to most of the terms that will govern future transactions or future agreements. A master agreement permits the parties quickly to negotiate future transactions or agreements because they can rely on the terms of the master agreement. The MSA is designed to be used repeatedly for the procurement of goods or services over a period of time from that Vendor using the same legal and business terms. 
Material Transfer Agreement An agreement between the University and another party for the acquisition or conveyance or other transfer of research materials and/or data.  Often these materials are a necessary component of a research project.
Memorandum of Understanding or Agreement A memorandum of understanding (MOU) or Memorandum of Agreement (MOA) is a signed document outlining the basic and general principles and guidelines under which the parties involved will work together to accomplish a shared goal, but typically does not involve the exchange of money or a reliance of one party on the actions of the other that could result in a loss if not performed.  Often an MOU or MOA is thought of as less formal and "friendlier" than an ordinary contract, but it can be just a binding depending on how it is written.
Non-Disclosure or Confidentiality Agreement An agreement outlining the treatment of the parties' confidential or proprietary information (typically defining exactly what information is to be considered confidential which may intend the very existence of the project on which the parties are collaborating).
Other Any contract or agreement that does not fall under one of the categories listed.
Performance Agreement An agreement used to engage the services of performers (including speakers) for concerts, lectures and various theatrical and musical productions.
Purchase Agreement An agreement memorializing the final understanding of a purchaser who agrees to buy and a seller who agrees to sell the specified item(s) - which could be goods, services, real estate, etc. - under stated terms and conditions.
Release Agreement/Waiver Under a waiver or release agreement, the parties give up or "waive" rights, such as one party releasing the other from liability or responsibility for harm or damage that may have occurred, and the other party in exchange release its own rights or assuming certain obligations.
Service Agreement An agreement between two parties where one party agrees to provide specified services to the other. If the service provider will be providing the services in person on campus, certain additional terms may apply.
Software Licnese Agreement An agreement between the licensor and/or author and the purchaser, licensee or user of a piece of software which establishes the purchaser's/licensee's/user's rights. A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the use of software.
Sponsorship Agreement An agreement that lays out terms and conditions between a business and any brand, event or individual promoting the company.
Was this helpful?
0 reviews