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In business and private enterprise dealings, the MOU normally serves as a non-binding agreement that encompasses the responsibilities and requirements for each party and the terms and details pertaining to the agreement. Uses of MOUs Private Sector or Private Enterprises It serves as the party’s initial position before the negotiations begin. The process of getting a finalized MOU is initiated by the involved parties preparing their own MOU, following their ideal expectations and desired outcomes, the key outcomes they are not willing to compromise on, and what the respective party believes the other stakeholders can expect and benefit from the MOU. The following key elements may render an MOU to be legally binding
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It is important to note that although MOUs are not legally binding, they may include a clause that can be legally binding, and violations of the clauses may result in the guilty party being liable. In order to prepare a complete and effective document (MOU), the parties affected must first reach an understanding acceptable by each party and clear information on the important stances for each of the parties. Also, an MOU can contain contact information for the parties involved and possible dates for performance reviews. Other contents include the length of the agreement, when the agreement begins, and when or how either party can terminate the agreement.
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The contents of an MOU include but are not limited to the scope and intended action of the MOU, the project, and the names of the parties and their respective responsibilities. The MOU, although a formal document, is not legally binding, merely shows the willingness of each concerned party to take action to move the contract forward.In order to prepare a complete and effective document (MOU), the parties affected must first reach an understanding acceptable by each party and clear information on the important stances for each of those parties.A memorandum of understanding (MOU) is defined as an agreement between parties and can be bilateral (two) or multilateral (more than two parties).