Business Mitigation Form

BUSINESS MITIGATION FORM

Client Name:

Mitigation Provider Name:

WHEREAS

WHEREAS, Client operates a business and seeks to identify, assess, remediate, and mitigate operational, security, compliance, or other harms that threaten business continuity or assets; and

WHEREAS, Mitigation Provider represents that it has the professional qualifications, personnel, and experience necessary to perform mitigation services and to advise Client concerning corrective measures, controls, and remediation strategies; and

WHEREAS, the parties desire to set forth the scope, schedule, payment terms, confidentiality and other material terms governing the mitigation engagement.

SCOPE OF WORK

The Mitigation Provider shall perform the mitigation services described below. The Provider will use commercially reasonable efforts to achieve the mitigation objectives stated in this form and any attachments.

INCIDENT SUMMARY & IMPACT

Incident Date:

MITIGATION ACTIONS

Critical High Medium Low

RESPONSIBLE PARTIES & CONTACTS

TIMELINE & MILESTONES

Proposed Start Date: Estimated Completion Date:

PAYMENT TERMS

Estimated Total Amount:

Late Payment Fee: (applicable to overdue balances not paid within days of invoice)

TERM AND TERMINATION

Agreement Effective Date:

Termination Date (if applicable):

Either party may terminate this engagement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Upon termination, Client shall pay Provider for work performed through the effective date of termination in accordance with the Payment Terms.

CONFIDENTIALITY

Each party shall maintain in strict confidence all confidential or proprietary information disclosed by the other party in connection with this engagement. Confidential information excludes information that is or becomes publicly known through no breach of this obligation, independently developed without use of the other party’s confidential information, or rightfully received from a third party without restriction. Provider shall not disclose Client data, forensic findings, remediation reports, or any personally identifiable information except as required by law or as agreed in writing.

Confidentiality Acknowledgement: I acknowledge and agree to the confidentiality provisions above.

INDEMNIFICATION & LIMITATION OF LIABILITY

Provider shall defend and indemnify Client against third-party claims arising from Provider’s gross negligence or willful misconduct in performing services. Except for liability for death, bodily injury, gross negligence, willful misconduct, or indemnification obligations, neither party’s aggregate liability for any claim arising under this engagement shall exceed the total fees paid to Provider under this form.

GOVERNING LAW

This form and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the jurisdiction selected by the parties. The parties agree that exclusive venue for any litigation shall be the courts having competent jurisdiction in that jurisdiction.

ENTIRE AGREEMENT

This Business Mitigation Form, together with any attachments, statements of work, and mutually executed amendments, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.

ATTACHMENTS & REQUIRED DOCUMENTS

Please indicate attachments that are part of this engagement:

Forensic report Network diagram System logs Other (describe below)

CERTIFICATION

By signing below, each signatory certifies that (a) the information provided in this form is true and correct to the best of their knowledge; (b) they are authorized to bind the party for which they sign; and (c) they accept the terms and conditions set forth in this Business Mitigation Form. False statements made knowingly may subject the signer to civil remedies or penalties under applicable law.

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