Business Results and Recommendations

Business Results and Recommendations

Parties

Recitals

WHEREAS, Client engages Consultant to evaluate certain aspects of Client's business operations identified as ; and

WHEREAS, Consultant has performed an analysis of applicable data and processes and has prepared findings and recommendations dated (the Report);

WHEREAS, the parties desire to document the results, formalize recommendations, and set forth terms by which recommendations will be implemented and paid for.

Scope of Work

Consultant shall provide the services, deliverables and recommendations described below. Consultant will exercise commercially reasonable efforts to implement accepted recommendations in accordance with the schedule agreed by the parties.

Payment Terms

As consideration for the services and deliverables described in this Agreement, Client shall pay Consultant the fees set forth below in accordance with the schedule specified. Payments are non-refundable except as expressly set forth in this Agreement.

Late payments shall accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law. In addition, Client shall be responsible for all reasonable costs of collection, including attorneys' fees and collection agency fees.

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 upon providing the notice period specified above. Either party may terminate immediately for material breach if such breach remains uncured for ten (10) business days after written notice. Termination shall not relieve Client of its obligation to pay for services rendered and expenses reasonably incurred through the effective date of termination.

Confidentiality

Each party acknowledges that during performance of this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public, proprietary, or business information disclosed in any form that is designated as confidential or that reasonably should be understood to be confidential. The receiving party shall: (a) use Confidential Information only to perform its obligations or exercise its rights under this Agreement; (b) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information but in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except as required by law or with the prior written consent of the disclosing party. Confidential Information does not include information that is (i) publicly known through no breach of this Agreement; (ii) independently developed without reference to the other party's Confidential Information; or (iii) rightfully received from a third party without confidentiality obligations.

By checking this box, the signing party acknowledges and agrees to the confidentiality obligations set forth above.

Acceptance of Recommendations

Client may accept recommendations in whole or in part. Acceptance shall be in writing and may be evidenced by signing below or providing a written order referencing this Agreement and the applicable recommendations.

Client accepts all recommendations contained in the Report.

Client accepts recommendations in part and will implement as detailed below.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict-of-law rules.

This Agreement, together with any attachments and incorporated documents, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether oral or written. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

Additional Provisions

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