Some landowners are willing to go alone without a developer or project developer and appoint architects and other professionals themselves. There will more often be a promotion or other agreement with a developer or project developer to use their know-how to obtain planning, and the landowner will sell or grant a building permit (and the developer/promoter will be paid on the product). A good dispute settlement clause is necessary to ensure (unless unanimity is required) that the project can proceed in the event of disagreement. Sometimes owners want to agree on a list of experts right away, although it can be difficult to look too far into the future. Harvard`s OTD organizes thousands of material transfers each year to facilitate scientific progress and innovation. The following standard agreements contain conditions that are representative of material transfer agreements (MDUs), but which are provided only for illustrative purposes and can make changes. In 2014, Ex Libris, ELUNA and IGeLU signed a revised agreement on product development cooperation. Following the acquisition of ProQuest, a contract endorsement was signed in 2016, extending the coverage to Summon. This agreement replaces the previous product development cooperation agreement (2008), which was also signed by all three parties (request for the filing of ELUNA documentitory required). Often, the parties will simply maximize the value and domain of a building permit. This can sometimes lead to a conflict when a landowner is looking for certain design standards. There are signs that high design standards can still maximize value during a development. Nevertheless, some developers are cautious to eat higher construction costs in the run-up to a quick return to sales.
Harvard and its industry partners typically enter into confidentiality agreements before discussing sensitive or proprietary information as part of a potential licensing or research cooperation agreement. Below are some examples of a reciprocal confidential disclosure agreement in which only Harvard provides confidential information. In this context, the three parties signed a separate agreement in 2011 on the development of the Central Knowledge Base (CKB). This earlier agreement will also be replaced, as it was incorporated into the 2014 agreement. In our Spring 2018 newsletter, Robert Field examined some of the tax considerations in which landowners pool land for development. This article aims to introduce some of the agreements that typically occur when merging landowners for development and some of the common issues beyond tax. Landowners will want to control the negotiation of Section 106 agreements to reflect how development will be phased in. Landowners will not want to inadvertently trigger a Section 106 payment (including moving the infrastructure before the first sale) and will want to ensure that payments are reasonable for each phase. At the time of the sale, landowners want to be able to insist that the buyer give adequate compensation and guarantees (which, given the sums, could be a loan), so that the landowners do not end up on the net of payment.
There are differences in sophistication in cooperation agreements. Some are short documents with broad ambitions; others contain a comprehensive set of binding commitments. At least the cooperation agreement will trace the procedure for obtaining a building permit and most will consider a sale (sometimes with landowners who build themselves or issue a building permit). The agreement tends to consider compensation (that all land with a building permit is considered to have equal value) and cost-sharing among landowners.