Business MMR Template

Business MMR Template

This Business Monthly Management Report Agreement (the Agreement) is entered into between the parties identified below effective as of the Effective Date set forth herein.

Parties

Service Provider:

Client Name:

Recitals

WHEREAS, Service Provider has expertise in preparing, analyzing and delivering Monthly Management Reports that summarize financial performance, operational metrics and other agreed-upon indicators relevant to Client's business; and

WHEREAS, Client desires to engage Service Provider to prepare and deliver Monthly Management Reports in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend that this Agreement set forth their entire understanding regarding the scope, compensation and confidentiality obligations with respect to the Monthly Management Reports.

Scope of Work

Deliverables shall include monthly management reports containing, at minimum: (i) statement of financial results and variances; (ii) cash flow summary; (iii) key performance indicators as identified in the scope; (iv) narrative analysis of material deviations; and (v) recommended actions. Service Provider will prepare reports using Client-provided data and reasonable assumptions where data is incomplete, identifying any such assumptions within each report.

Reporting Schedule and Acceptance

Reports shall be delivered on or before the day of each month for the reporting period ending the previous month. Client shall accept or provide written comments on each report within days of delivery. Acceptance shall not be unreasonably withheld.

Payment Terms

All amounts are payable in United States dollars and are due within days of invoice. Late payments shall accrue interest at per month (or the maximum permitted by law, if lower). In addition to interest, Client shall reimburse Service Provider for reasonable collection costs in the event of nonpayment.

Term and Termination

This Agreement shall commence on the Start Date: and shall continue until the End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing written notice to the other party at least days prior to the intended termination date. 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 describing the breach.

Confidentiality

"Confidential Information" means non-public information disclosed by one party to the other in connection with this Agreement, including without limitation financial data, business plans, customer lists and reports prepared under this Agreement. Each receiving party shall hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but no less than a reasonable standard of care. Confidential Information shall not include information that (a) is or becomes publicly available other than through a breach of this Agreement, (b) was already known to the receiving party prior to disclosure as evidenced by written records, (c) is lawfully obtained from a third party without restriction, or (d) is independently developed.

The confidentiality obligations set forth herein shall survive termination or expiration of this Agreement for a period of five (5) years; provided that trade secrets shall be protected for so long as they qualify as trade secrets under applicable law.

Data Access and Security

Client shall provide Service Provider timely access to the data and systems necessary for preparation of reports. Service Provider shall implement commercially reasonable administrative, technical and physical safeguards to protect Client data and shall notify Client promptly upon discovering any unauthorized access materially affecting Client Confidential Information.

Representations; Liability

Each party represents that it has the authority to enter into this Agreement. Service Provider's obligations are limited to providing the reports and analyses described herein. EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, SERVICE PROVIDER'S LIABILITY FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE FEES PAID BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state identified below, without regard to its conflicts of law principles.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the contact information below for each party.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

Miscellaneous Provisions

Neither party may assign this Agreement without the prior written consent of the other party, except to a successor in interest in connection with a merger or sale of substantially all assets. If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect. The headings used in this Agreement are for convenience only and shall not affect interpretation.

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