Application Kit for Business

APPLICATION KIT FOR BUSINESS

RECITALS (WHEREAS)

WHEREAS, Applicant Name: seeks to apply for business services and program enrollment described herein; and

WHEREAS, Provider Name: is willing to consider Applicant's application and, if accepted, to provide services under the terms of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

BUSINESS & APPLICANT INFORMATION

OWNER / PRINCIPAL INFORMATION

APPLICATION CHECKLIST

Please indicate included attachments. Applicant certifies that all checked documents are submitted and true copies of originals.

SCOPE OF WORK

The Provider shall provide the services described below to the Applicant in accordance with the terms and conditions of this Agreement. Applicant's submission of this Application Kit constitutes a request for the described services and an offer to be bound by the terms herein if accepted by Provider.

PAYMENT TERMS

Applicant agrees to pay Provider the fees set forth below in exchange for services rendered. All amounts are payable in U.S. dollars unless otherwise agreed in writing.

All sums not paid when due shall accrue interest at the rate specified above. Applicant shall also be responsible for collection costs, including reasonable attorneys' fees, incurred by Provider in collecting overdue amounts.

TERM AND TERMINATION

This Agreement shall commence on Effective Date: and remain in effect until Term End Date: unless earlier terminated as provided below.

Either party may terminate this Agreement for convenience upon written notice no less than days to the other party. Provider may terminate immediately for cause if Applicant materially breaches any obligation and fails to cure within days after written notice.

Termination does not relieve Applicant of accrued payment obligations or obligations that by their nature survive termination, including confidentiality and indemnification obligations.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other, whether written, oral, electronic, or other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes business plans, financial data, trade secrets, customer lists, pricing, and technical information.

The receiving party shall: (a) hold Confidential Information in strict confidence; (b) use Confidential Information solely to perform its obligations under this Agreement; and (c) not disclose Confidential Information to any third party except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations no less protective than those herein.

Confidential Information does not include information that: (i) is or becomes publicly known through no breach by the receiving party; (ii) was rightfully known by the receiving party prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or valid court order, provided that the receiving party gives prompt written notice and cooperates in any lawful effort to limit disclosure.

The obligations in this section shall survive termination for a period of years, or for trade secrets for so long as such information otherwise qualifies as a trade secret under applicable law. Monetary damages may be inadequate to remedy breach; the non-breaching party is entitled to seek equitable relief including injunctive relief.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties agree that jurisdiction and venue for any dispute arising under this Agreement shall lie exclusively in the state and federal courts located within that state, unless the parties agree in writing otherwise.

ENTIRE AGREEMENT

This Agreement, together with any attachments and schedules executed by the parties, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the subject matter hereof. No modification of this Agreement is effective unless in writing and signed by authorized representatives of both parties.

CERTIFICATIONS, REPRESENTATIONS & AUTHORIZATION

Applicant certifies that the information provided in this Application Kit is true, accurate, and complete to the best of Applicant's knowledge. Applicant represents that it has the authority to enter into this Agreement and to bind the business entity identified herein. Applicant agrees to promptly notify Provider of any material changes to submitted information.

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