Business Annual Plans

Business Annual Plans

This Business Annual Plans Agreement (the Agreement) is entered into as of between Service Provider: and Client: .

Recitals

WHEREAS, Service Provider is engaged in the business of delivering strategic planning, annual operational plans, and performance measurement services, and possesses the experience and personnel necessary to perform the services described herein;

WHEREAS, Client desires to retain Service Provider to prepare, present and implement an annual business plan for the period defined in this Agreement, and Service Provider agrees to provide such services under the terms set forth below;

WHEREAS, the parties intend that the annual plan will set forth objectives, key performance indicators, budgets, and implementation milestones for the applicable plan year.

Scope of Work

Payment Terms

Client shall pay Service Provider for the services set forth in Scope of Work as follows.

Invoices shall be issued in accordance with the Payment Schedule and are due within days of invoice date. Late payments shall accrue interest at the lesser of (a) a fixed late fee of or (b) an annual rate of per month, applied pro rata.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon providing written notice at least days prior to the effective date of termination. Either party may terminate for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

Confidentiality

Each party acknowledges that in the course of performance it may receive Confidential Information of the other party. "Confidential Information" means non-public business, financial, technical and other information that is designated as confidential or that reasonably should be understood to be confidential. Each party shall: (a) use Confidential Information only for performance under this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but no less than reasonable care; 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 at least as protective as those herein.

The obligations of confidentiality shall survive termination of this Agreement for a period of three (3) years, except with respect to trade secrets, which shall remain protected for so long as they retain trade secret status.

By checking this box the signatory acknowledges receipt of and agreement to the Confidentiality provisions contained herein.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of laws principles. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. If negotiation fails, the parties may agree to mediation before pursuing any other remedy.

Entire Agreement; Amendments

This Agreement, together with any exhibits and attachments expressly referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Miscellaneous

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

Approvals and Budget

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