There are some key issues to look out for when drafting a Strategic Alliance Agreement. The most important provision to include, in my opinion, is a “No Partnership” provision. A strategic alliance is different in purpose and form than a partnership, and the agreement should expressly reflect the intentions of the parties not to form a partnership. The legal status of a “partnership” involves a whole series of rights and obligations that neither party to a strategic alliance would like to assume. Therefore, a “No Partnership” provision must be included and must clearly stress that the parties do not intend to create a partnership in this agreement.
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