Business Assessment Declaration

BUSINESS ASSESSMENT DECLARATION

WHEREAS, Assessor Name: (the "Assessor") is duly qualified and engaged to perform business assessments and related advisory services; and

WHEREAS, Business Name: (the "Business") operates in the ordinary course and has requested that Assessor perform a business assessment described herein;

WHEREAS, the parties desire to set forth the terms under which the assessment will be performed and to record certain representations and certifications.

1. Scope of Work

The Assessor shall perform a business assessment consisting of a review and evaluation of the Business's operations, financial records, internal controls, market position, risk exposure, and related matters as expressly described below. The Assessor's services shall not include audit or legal representation unless separately agreed in writing.

2. Payment Terms

The Business agrees to pay the Assessor for the services described above in accordance with the following terms.

Late payments shall incur a fee of or a flat fee of , whichever is greater, from the date payment was due until paid in full.

3. Term and Termination

This Declaration commences on Start Date: and shall continue until End Date: , unless earlier terminated in accordance with this section.

Either party may terminate this Declaration for convenience upon written notice delivered at least days prior to the proposed termination date. Either party may terminate immediately for material breach that remains uncured for a period of 30 days after written notice of such breach.

4. Confidentiality

The parties acknowledge that in the performance of this Declaration each party may receive or have access to Confidential Information of the other. "Confidential Information" means non-public information identified as confidential or which by its nature should reasonably be considered confidential. The receiving party shall: (a) use Confidential Information solely for the purpose of performing this Declaration; (b) protect such information with at least the same degree of care as it protects its own confidential information, but in no event less than reasonable care; and (c) not disclose Confidential Information to third parties except as required by law or with prior written consent of the disclosing party.

The Business acknowledges receipt of Confidential Information and agrees to be bound by the confidentiality obligations above. Business acknowledges confidentiality obligations

5. Governing Law

This Declaration shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Exclusive jurisdiction and venue for disputes shall be in the state or federal courts located within that state.

6. Representations; Warranties; Liability

Each party represents and warrants that it has authority to enter into this Declaration and to perform its obligations hereunder. The Assessor will perform services in a professional manner consistent with generally accepted industry practices. Except as expressly set forth herein, neither party makes any other warranties, express or implied. Total liability of the Assessor for claims arising under this Declaration is limited to the total fees paid by the Business to the Assessor under this Declaration.

7. Entire Agreement

This Declaration, including any exhibits and written statements of work incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and understandings, whether written or oral. Any amendment must be in writing and signed by both parties.

8. Certifications

The undersigned certify that they are authorized representatives of their respective parties, that they have read and understand this Declaration, and that the information provided herein is true, accurate and complete to the best of their knowledge.

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