Business Commercial Declaration

BUSINESS COMMERCIAL DECLARATION

Declarant Business Name:

Declarant Business Address:

Authorized Representative:    Title:

Contact Phone:    Contact Email:

Recitals

WHEREAS, the Declarant conducts commercial business activities at the address stated above and seeks to declare the nature, scope and commercial purpose of those activities to Recipient for the limited purposes set forth below;

WHEREAS, the Recipient requires a formal declaration describing the commercial activities, payment arrangements, and assurances of confidentiality for business, leasing, permitting or contracting purposes; and

WHEREAS, the parties intend this Declaration to evidence the Declarant’s commercial purpose, scope of operations and contractual commitments as set forth in this instrument.

Business Identification

Sole Proprietorship    Partnership    Corporation    Limited Liability Company (LLC)    Other:

Scope of Commercial Activities

Payment Terms

Declared Contract Amount:

Late Payment Fee: . Fees accrue from the date payment is due until paid in full. Declarant is responsible for all collection costs if payments are not timely made, including reasonable attorneys' fees and costs.

Term and Termination

Agreement Start Date:    Agreement End Date:

Either party may terminate this Declaration for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Termination for material breach may be immediate if the breaching party fails to cure within ten (10) days of written notice of breach, or sooner where required to prevent irreparable harm.

Confidentiality

For purposes of this Declaration, "Confidential Information" means all non-public information disclosed by one party to the other in any form and related to the Declarant’s business operations, financials, customer lists, pricing, trade secrets, technical data and commercial plans. Recipient shall: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party except employees or contractors who have a need to know and are bound by substantially similar confidentiality obligations; and (c) use Confidential Information solely to evaluate and effectuate the purposes set forth in this Declaration. Confidentiality obligations shall survive termination for a period of years, except for trade secrets which shall remain protected for as long as they qualify as trade secrets under applicable law.

Certifications and Declarations

The Declarant certifies that it is duly organized and validly existing and has full authority to execute this Declaration. The Declarant further certifies that the commercial activities described herein are conducted in compliance with all applicable laws, regulations, permits and licenses, and that no material fact has been omitted that would render the statements herein misleading.

Business is currently operating for commercial purposes.    Business licenses and permits are in good standing.

Governing Law

This Declaration shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. The parties agree that disputes arising under this Declaration will be resolved in the state or federal courts located in that State, subject to any mandatory jurisdictional requirements.

Entire Agreement

This Declaration constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any amendment to this Declaration must be in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

Severability: If any provision of this Declaration is held invalid or unenforceable, the remainder of this Declaration shall remain in full force and effect. Waiver of any breach shall not constitute waiver of any other or subsequent breach. The parties acknowledge that monetary damages may be inadequate and that equitable relief, including injunction, may be sought to enforce the confidentiality obligations and other material provisions.

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