Assessment Report Template

ASSESSMENT REPORT TEMPLATE

Parties and Effective Date

This Assessment Report and Agreement is entered into by and between Client Name: and Assessor Name: with an effective date of .

Recitals

WHEREAS, Client Name: desires an assessment of the matters described in this Report; and

WHEREAS, Assessor Name: represents that Assessor has the expertise, personnel and resources to perform the assessment under the terms set forth herein; and

WHEREAS, the parties desire to set forth the scope, deliverables, payment and legal terms governing the assessment to be provided by Assessor.

Assessment Details

Scope of Work

Assessor shall perform the assessment services described below in accordance with industry standard practices, applying reasonable skill, care and diligence. The scope includes onsite or remote data collection, interviews, analysis, and the production of a written report containing findings and recommendations.

Methodology and Deliverables

Standard deliverables include written assessment report, executive summary, and a recommendations appendix. Additional items (check to include):

Presentation to stakeholders Raw data files Follow-up consultation (hourly)

Findings, Recommendations and Limitations

Payment Terms

Client shall pay Assessor for services rendered as follows. Fees are exclusive of applicable taxes. Unless otherwise agreed in writing, invoices are payable in accordance with the schedule below.

Late payments shall incur a late fee of on unpaid amounts, calculated monthly from the invoice due date until paid in full. Client agrees to reimburse Assessor for reasonable collection costs and legal fees incurred to recover overdue amounts.

Term and Termination

This Agreement commences on Start Date: and, unless earlier terminated as provided herein, continues until End Date: .

Either party may terminate this Agreement for convenience upon written notice at least prior to the intended termination date. Termination for material breach shall be effective upon written notice if the breaching party fails to cure the breach within a commercially reasonable cure period not to exceed 30 days following receipt of notice.

Confidentiality

Each party shall keep confidential all non-public information 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"). Assessor agrees that Client data, raw findings and proprietary business information are Confidential Information.

Confidential Information shall not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was lawfully in the receiving party's possession prior to disclosure; (c) is received from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of Confidential Information. A receiving party may disclose Confidential Information to the extent required by law or a binding order of a court or governmental authority, provided that the receiving party gives prompt written notice to the disclosing party when legally permitted to do so and cooperates to limit the scope of the compelled disclosure.

The confidentiality obligations hereunder shall survive termination of this Agreement for a period of three (3) years, except with respect to trade secrets, for which confidentiality shall continue for so long as such information remains a trade secret under applicable law.

Limitation of Liability

Except for liability arising from willful misconduct or gross negligence, each party's aggregate liability under this Agreement shall be limited to direct damages not to exceed the total fees paid by Client to Assessor under this Agreement. In no event shall either party be liable for special, incidental, consequential or punitive damages.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflicts of law principles. The parties agree to attempt good faith negotiation to resolve disputes. If unresolved, disputes shall be resolved by court proceedings in the appropriate state or federal court located in the selected jurisdiction.

Entire Agreement; Amendments

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

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Assessor may assign to an affiliate or in connection with a sale of substantially all of its business assets.

Signatures

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