Business Plan

BUSINESS PLAN AND CONSULTING AGREEMENT

Date Prepared:    Contact:    Email:

Executive Summary

Company Overview

Date of Formation:    State of Formation:

Sole Proprietorship    Partnership    LLC    Corporation    Other:

Market Analysis

Products and Services

Marketing and Sales Strategy

Operations Plan

Management and Organization

Financial Projections

Funding Requirements

Risk Assessment

Appendix and Supporting Documents

General Business Agreement — Recitals and Terms

This Business Plan and Consulting Agreement (the "Agreement") is entered into on between Client Name: and Consultant Name: .

WHEREAS, the Client desires to procure a written business plan and related advisory services to support the Client's commercial objectives and financing efforts; and

WHEREAS, the Consultant represents that it has the skill, experience and staff necessary to prepare the business plan and to provide consulting services described herein; and

WHEREAS, the parties wish to set forth in writing the scope, payment, confidentiality and other material terms upon which such services will be provided.

Scope of Work

Consultant shall deliver the business plan described above, including financial projections, market research, and an executive summary, and shall perform advisory services for implementation of the plan as reasonably requested by Client. All deliverables shall be provided in the formats and within the schedule set forth in the Scope of Work.

Payment Terms

Invoices not paid within thirty (30) days of invoice date shall accrue interest at the rate set forth above and Client shall be responsible for collection costs and reasonable attorneys' fees incurred to obtain payment.

Term and Termination

Term Start Date:    Term End Date:

Either party may terminate this Agreement for material breach by the other party if such breach is not cured within the notice period set forth above. Termination for convenience by either party requires written notice as provided above. Upon termination Client shall pay Consultant for services performed through the effective date of termination and reasonable costs of winding down work.

Confidentiality

For purposes of this Agreement, "Confidential Information" shall mean all non-public information disclosed by one party to the other, including but not limited to financial data, customer lists, operational plans, trade secrets, and the business plan deliverable. The receiving party shall (i) hold Confidential Information in strict confidence, (ii) use Confidential Information solely for performance under this Agreement, and (iii) restrict disclosure to employees and contractors with a need to know who are bound by confidentiality obligations no less protective than those contained herein.

Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years, provided that trade secrets shall be protected for as long as they remain trade secrets under applicable law. Notwithstanding the foregoing, disclosure required by applicable law or court order is permitted if the receiving party promptly notifies the disclosing party and cooperates to seek protective relief.

Governing Law

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 consent to the exclusive jurisdiction of the state and federal courts located in that state for resolution of disputes.

Entire Agreement

This Agreement, together with any attachments and the Scope of Work, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations and understandings. Any modification to this Agreement must be in writing and signed by duly authorized representatives of both parties.

Each party represents and warrants that it has the full right, power and authority to enter into this Agreement and to perform its obligations hereunder, and that the person signing on its behalf is authorized to bind such party.

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