Attestation Document Template

Attestation Document Template

This Attestation and Agreement (the “Agreement”) is entered into as of Effective Date: by and between: Attesting Party: and Recipient: .

WHEREAS

WHEREAS, Attesting Party possesses direct knowledge, records, and/or observations concerning the matters described herein and is willing to provide a formal attestation to the Recipient for the purposes set forth in this Agreement;

WHEREAS, Recipient requires a written attestation to confirm the truth and accuracy of certain statements, documents, or actions, and intends to rely on the Attesting Party’s representations as set forth below;

WHEREAS, the parties agree that this Agreement will define the scope of the attestation, the obligations of the parties, the terms of compensation (if any), and the legal remedies available for breach.

ATTestation

Attesting Party hereby certifies, warrants, and attests that the statements and facts set forth in the Attestation Statement are true, accurate, and complete to the best of Attesting Party’s knowledge as of the Effective Date. Attesting Party understands that Recipient will rely upon this attestation in making business, regulatory, or compliance determinations.

SCOPE OF WORK

The Attesting Party shall prepare, verify, and deliver the attestation materials described below, including any supporting exhibits or certifications expressly identified in writing. The Attesting Party will perform such review using reasonable care and in accordance with customary professional practices applicable to the subject matter.

PAYMENT TERMS

In consideration for the services and attestation provided by Attesting Party, Recipient shall pay the amounts and according to the schedule set forth below. All fees are payable in lawful currency and are non-refundable except as expressly provided in this Agreement.

TERM AND TERMINATION

This Agreement commences on Start Date and, unless earlier terminated in accordance with this Section, shall continue until End Date or until the parties have performed all obligations described herein.

Start Date:    End Date:

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation and fails to cure such breach within the notice period set forth above. Termination shall not relieve either party of obligations accrued prior to termination.

CONFIDENTIALITY

The parties acknowledge that in connection with this Agreement either party may receive Confidential Information. “Confidential Information” means non-public information disclosed in any form that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees to (a) hold Confidential Information in strict confidence, (b) use Confidential Information solely for the purposes of performing under this Agreement, and (c) restrict disclosure to those employees or contractors with a need to know who are bound by confidentiality obligations at least as protective as those herein. Confidential Information does not include information that (i) is or becomes publicly available without breach, (ii) was lawfully in the receiving party’s possession before receipt from the disclosing party, or (iii) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information.

Breach of confidentiality shall entitle the non-breaching party to injunctive relief and any other remedies available at law or in equity.

  Recipient acknowledges and agrees to the Confidentiality obligations set forth above.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its principles of conflict of laws. Venue for any dispute arising under this Agreement shall be in the state or federal courts located in that jurisdiction, and the parties consent to personal jurisdiction therein.

WARRANTIES; REMEDIES; SEVERABILITY

Attesting Party represents and warrants that it has the authority to make the statements contained in this Agreement and that to the best of its knowledge the attested facts are true and accurate. Remedies for breach include specific performance, injunctive relief, and recovery of damages, including reasonable attorneys’ fees where authorized by law.

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

ENTIRE AGREEMENT

This Agreement, including any schedules or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

ADDITIONAL PROVISIONS

Sign Now