Business Renewal Effort

BUSINESS RENEWAL EFFORT

Recitals

This Business Renewal Effort Agreement (the Agreement) is made effective as of by and between:

Client Name:

WHEREAS, the Client is engaged in business operations requiring operational review, cost restructuring and strategic repositioning to restore profitability; and

WHEREAS, the Consultant represents that it has the experience and expertise to advise and implement business renewal measures, and the parties desire to set forth the terms under which the Consultant will perform such services; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Scope of Work

The Consultant will provide advisory, analysis and implementation services directed to business renewal and turnaround, which may include operational assessment, financial restructuring recommendations, stakeholder communications, cost reduction planning, revenue enhancement strategies, and interim management as agreed in writing. Specific tasks, deliverables and milestones shall be described below.

Payment Terms

Client shall pay Consultant the fees and expenses set forth below in consideration of the Services. All fees are exclusive of taxes unless otherwise required by law.

All undisputed invoices not paid within the period specified above shall accrue interest at the rate specified in the Late Fee field. In the event of nonpayment, Consultant may suspend services after providing the notice required under Term and Termination.

Term and Termination

This Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience by providing the other party written notice in accordance with the notice period stated above. Either party may terminate immediately for material breach that remains uncured for a period of 10 days following written notice specifying the breach. Upon termination, Client shall pay Consultant for services performed and reasonable expenses incurred through the effective date of termination.

Confidentiality

For purposes of this Agreement, "Confidential Information" means non-public information disclosed by one party to the other, whether oral, written or electronic, including financial data, customer lists, strategic plans, valuations, trade secrets and other proprietary information. Confidential Information does not include information that: (a) is or becomes generally available to the public through no fault of the receiving party; (b) was known to the receiving party at the time of disclosure without restriction; (c) is rightfully received from a third party without restriction and without breach of an obligation of confidentiality; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall: (i) hold Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information but not less than reasonable care; (ii) use Confidential Information solely to perform obligations under this Agreement; and (iii) not disclose Confidential Information to any third party except to its employees, agents or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein. These confidentiality obligations shall survive for a period of months following termination or expiration of this Agreement.

Representations and Warranties; Indemnification

Each party represents that it has the authority to enter into this Agreement and to perform its obligations hereunder. Consultant represents that it will perform services in a professional and workmanlike manner consistent with industry standards. Client agrees to indemnify and hold Consultant harmless from claims, losses or liabilities arising from Client's failure to provide accurate information, to implement recommended actions, or from Client's business practices, except to the extent caused by Consultant's gross negligence or willful misconduct.

Governing Law

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

Entire Agreement

This Agreement, including any exhibits and written statements of work executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Notices

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, nationally recognized overnight courier, or certified mail (return receipt requested). Notices are effective upon receipt.

Acknowledgment

Each party acknowledges that it has read and understands this Agreement, that it has had an opportunity to seek independent advice, and that it accepts the duties and obligations set forth herein.

Sign Now