Executive Summary Template

EXECUTIVE SUMMARY TEMPLATE

Parties and Recitals

This Executive Summary and Business Agreement (the Agreement) is entered into by and between Client Name: and Service Provider Name: effective as of (Effective Date).

WHEREAS:

1. Whereas the Client seeks a concise executive-level summary of a proposed project, transaction, or initiative, including scope, financial summary and key risks; and

2. Whereas the Provider possesses the expertise and resources to prepare the executive summary and perform related professional services in accordance with the terms set forth herein.

3. Whereas the parties wish to document their respective obligations, payment terms and confidentiality protections in a single integrated agreement.

Executive Summary — Project Overview

Objectives

Scope of Work

The Provider shall perform the following services in accordance with professional standards and the specifications set forth below.

Key Deliverables

Market and Competitive Summary

Financial Summary & Payment Terms

Total Fee:

Late Payment Fee:

Implementation Timeline

Risks and Mitigation

Term and Termination

Term Commencement Date:    Term End Date:

Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Either party may terminate for convenience upon days' prior written notice.

Upon termination, the Provider shall deliver all completed work and invoice for all services performed through the termination date. The Client shall pay any undisputed amounts within 30 days of invoice.

Confidentiality

Each party acknowledges that during the course of performance it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical, financial or other information disclosed in any form that is identified as confidential or that reasonably should be understood to be confidential. The receiving party shall (i) use Confidential Information solely for the purposes of performing under this Agreement, (ii) restrict disclosure to those employees, contractors or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein, and (iii) take reasonable measures to protect Confidential Information from unauthorized disclosure, not less than those it uses to protect its own confidential information.

Confidential Information does not include information that (a) is or becomes generally available to the public other than as a result of a breach of this Agreement, (b) is rightfully received from a third party without restriction, or (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information. The obligations of confidentiality survive termination for a period of three (3) years, unless otherwise required by law.

Representations and Warranties; Liability

Each party represents that it has the authority to enter into this Agreement. The Provider warrants that services will be performed with reasonable skill and care consistent with industry standards. EXCEPT FOR THE FOREGOING WARRANTY, SERVICES ARE PROVIDED "AS IS" AND NEITHER PARTY MAKES ANY OTHER WARRANTY, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction specified below. The parties agree that any dispute arising out of or relating to this Agreement shall be resolved first by good-faith negotiation. If unresolved within 45 days, disputes shall be submitted to binding arbitration in accordance with commercially reasonable arbitration procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction.

Governing Jurisdiction:

Entire Agreement

This Agreement, including all attachments and statements of work expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. Any modification or amendment must be in writing and signed by authorized representatives of both parties.

Miscellaneous

Notices required under this Agreement shall be in writing and delivered to the addresses of the parties set forth below or to such other address as a party may designate by written notice. Neither party may assign this Agreement without the prior written consent of the other, except that either party may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.

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