Business Enterprises Document

Business Enterprises General Agreement

This Business Enterprises General Agreement (the Agreement) is entered into as of Effective Date: by and between:

Recitals

WHEREAS, Party A is engaged in the business of operating business enterprises and possesses expertise, personnel and resources to perform business development, management advisory, and operational services; and

WHEREAS, Party B desires to engage Party A to provide certain services in connection with Party B's business operations, and Party A is willing to provide such services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend through this Agreement to set forth the respective rights, duties and obligations of each party with respect to the services to be provided and the fees payable therefor.

Scope of Work

Party A will perform the services described below for Party B. The services shall include strategic planning, operational assessments, implementation supervision, personnel training, and other business advisory services reasonably related to Party B's enterprise operations as agreed between the parties.

Payment Terms

Compensation to Party A for the services will be as follows. All amounts are expressed in U.S. dollars unless otherwise stated.

Invoices shall be issued by Party A in accordance with the Payment Schedule. Payment is due within days of invoice receipt. Late payments shall incur interest at the rate of % per month (or the maximum allowed by law, if less).

All fees are exclusive of applicable taxes. Party B is responsible for sales, use, value-added, and other taxes imposed on payments made under this Agreement, except for taxes based on Party A's net income.

Term and Termination

This Agreement shall commence on Start Date: and shall continue in effect until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. In the event of a material breach, the non-breaching party may terminate upon written notice if the breaching party fails to cure the breach within days after receipt of written notice specifying the breach. Termination shall not relieve either party of obligations accrued prior to the effective date of termination. Sections concerning confidentiality, payment for services rendered, and governing law shall survive termination.

Confidentiality

Each party (the Receiving Party) shall maintain in strict confidence all non-public, proprietary or confidential information disclosed by the other party (the Disclosing Party) and shall not use such information except for the purpose of performing its obligations under this Agreement. Confidential information includes business plans, financial information, customer lists, pricing, trade secrets, and technical information, whether oral, written or electronic, that is designated confidential or that a reasonable person would understand to be confidential.

The Receiving Party shall restrict access to Confidential Information to its employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations no less restrictive than those in this Agreement. Confidential obligations shall continue for years following termination or expiration of this Agreement, unless a longer period is required by applicable law.

Representations, Warranties and Relationship

Each party represents and warrants that it has the full corporate power and authority to enter into and perform this Agreement. Party A represents that it will perform services in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation between senior representatives. If negotiation fails, the dispute shall be resolved by binding arbitration administered in accordance with the arbitration rules agreed by the parties, and judgment on the award may be entered in any court having jurisdiction.

Assignment; Entire Agreement

Neither party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other party, except that either party may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets. Any attempted assignment in violation of this provision shall be void.

This Agreement, including all exhibits and attachments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements, proposals and understandings between the parties relating to such subject matter. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

Notices

Notices under this Agreement shall be in writing and delivered to the party's address set forth above or to such other address as either party may designate by notice. Notices shall be deemed received upon personal delivery, one business day after delivery to a nationwide overnight courier, or five business days after deposit in the U.S. mail, postage prepaid.

Sign Now