IISD Model Contract Clauses for Responsible Investment in Agriculture:

Customizable legal provisions to help implement international best practices, principles, and guidance on responsible agricultural investment

2. Recitals

2.1 Whereas,

(a) The Company is a commercial entity engaged in the business of [insert];

(b) The Grantor is a [a duly enacted statutory entity]/[department/ministry/agency of the government of [insert host state name]] [group of persons/organization representing Legitimate Tenure Rights Holders] with responsibility for [insert] whose main purpose is to [insert];

(c) [The Authority is [insert name of the government entity with responsibility for the Agreement]].

(d) The Parties intend to enter into a fair and balanced relationship and to collaborate with respect to the Project for the purposes of [insert project aims];

(e) The Parties recognize the intended contribution of the Project to the sustainable development of the Host State and its people, including all Legitimate Tenure Rights Holders, Indigenous Peoples and the Local Community, and to Gender Equality and Gender Equity, and reaffirm their commitment to realizing the social, economic, and environmental benefits of the Project, to respecting human rights, and to avoiding or minimizing any social, economic, and environmental harms of the Project; and

(f) The Parties acknowledge that implementation of the Project shall be guided by and aims to complement the objectives of the [insert reference to, for example, the Host State’s National Agricultural Investment Plan, sustainable development goals, or economic development, food security and poverty reduction strategy]

2.2 In order to achieve the above objectives, the Parties hereby enter into this Agreement with the intent to be legally bound, in the terms as follows.


More for information: Szoke-Burke et al. (2018), Sections 1 (Parties to the Contract) and 2 (Intention to Be Legally Bound by the Promises in the Contract).

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