Business Scale Template

Business Scale Template

This Business Scale Template Agreement (Agreement) is made effective as of by and between:

WHEREAS

WHEREAS, Provider possesses expertise, processes, tools and resources to support the scaling of the Client's business operations and agrees to perform services to increase the Client's market capacity, revenue, or operational throughput as set forth herein; and

WHEREAS, Client seeks to engage Provider to execute a defined scale program identified as with the objectives of .

WHEREAS, the parties desire to set forth the terms governing Provider's services, payment, confidentiality, and dispute resolution.

Scope of Work

Payment Terms

Total Fee: $

Late Payment: If any undisputed amount due under this Agreement is not paid when due, Client shall pay interest on the overdue amount at the rate of or a flat fee of $ , whichever is greater. Interest begins to accrue the day after payment was due.

Term and Termination

Commencement Date:    Termination Date:

Confidentiality

Each party acknowledges that during the term it will receive Confidential Information. "Confidential Information" means nonpublic information disclosed in any form that is designated confidential or that a reasonable person would understand to be confidential. Each receiving party shall (a) hold Confidential Information in strict confidence, (b) use it solely to perform obligations under this Agreement, and (c) not disclose it to third parties except to employees, contractors or advisors who have a need to know and are bound by confidentiality obligations at least as protective as those herein. Confidentiality obligations shall not apply to information that: (i) is or becomes publicly available without breach; (ii) was known to the receiving party prior to disclosure; (iii) is lawfully received from a third party; or (iv) is independently developed.

Duration of Confidentiality:   years from the date of disclosure.

Mutual Confidentiality:   Check if confidentiality obligations are mutual between Provider and Client.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of , without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the courts located in that jurisdiction for resolution of disputes.

Representations and Warranties; Indemnity

Each party represents that it has the authority to enter this Agreement and perform its obligations. Provider warrants that services will be performed in a commercially reasonable manner consistent with industry standards. Client shall indemnify and hold harmless Provider from claims arising from Client's breach of this Agreement, misuse of deliverables, or inaccurate representations.

Entire Agreement

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

Notices

Additional Provisions

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