Business Alternatives Document

Business Alternatives Document

This Business Alternatives Document (the "Agreement") is entered into as of by and between Client Name: with address and Provider Name: with address .

WHEREAS

WHEREAS, Client desires a professional evaluation of commercially reasonable alternatives to achieve Client's stated business objectives and to document, compare, and select an implementable alternative for execution; and

WHEREAS, Provider has the expertise to prepare comparative analyses, implementation plans, and cost estimates for multiple alternatives and is willing to deliver such services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that certain components of this evaluation, including proposed alternatives and implementation pricing, may be confidential and proprietary to the disclosing party;

SCOPE OF WORK

ALTERNATIVES PROPOSED

The Provider shall present discrete alternatives for Client consideration. For each alternative, Provider will include scope, estimated timeline, projected costs, risks, and measurable benefits.

EVALUATION CRITERIA

PAYMENT TERMS

Total Fee for Services: $

Late Payment Fee:   and interest at the maximum rate permitted by applicable law.

TERM AND TERMINATION

Commencement Date:   Term End Date:

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Termination for material breach shall be effective upon written notice if the breaching party fails to cure within the notice period specified for the breach.

CONFIDENTIALITY

Each party shall maintain in confidence all Confidential Information disclosed by the other party and shall not use or disclose such information except as necessary to perform under this Agreement. "Confidential Information" includes business plans, financial data, technical proposals, pricing, and the specific alternative analyses prepared under this Agreement, but excludes information that is publicly known through no breach by the receiving party, already known without restriction prior to disclosure, or lawfully obtained from a third party without breach of obligation.

The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information but in no event less than reasonable care, and shall limit disclosure to employees, contractors, and advisors who have a need to know and are bound to confidentiality obligations at least as protective as those herein.

  Confidential treatment is required for identified portions of deliverables.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its choice-of-law principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in that State for disputes arising out of this Agreement.

ENTIRE AGREEMENT

This Agreement, including any exhibits and schedules, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, proposals, representations, and agreements, whether written or oral. Any amendments must be in writing and signed by authorized representatives of both parties.

ACCEPTANCE AND SELECTION

Upon presentation of the alternatives, Client will select the preferred alternative by completing the acceptance section below. Selection of an alternative constitutes Client's authorization for Provider to commence implementation planning and, where expressly agreed, to begin work upon the payment terms set forth above.

Selection Date:

By signing below, the parties acknowledge that, except where expressly stated as binding and subject to execution of a separate implementation agreement, the analysis and recommendations provided under this Agreement are advisory in nature and selection of an alternative may require additional contractual documentation prior to implementation.

Sign Now