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The document titled 'Engagement Letter and Success Fee Agreement from Advisor / Consultant' is a formal agreement between two parties, namely Party 1 and Account Job Company. The document serves to confirm their verbal agreement on the engagement of each party and the fee agreement. It outlines the scope of engagement, the fees to be paid, and miscellaneous provisions.
The document begins with a title that clearly identifies its purpose. It is addressed to Party 1 contact and starts with a greeting. The first section of the document provides a brief introduction, stating that it confirms the verbal agreement between Party 1 and Account Job Company. It emphasizes that the agreement is subject to the satisfaction of all the terms and conditions set forth in the document.
The next section of the document is titled 'Scope of Engagement.' It outlines the specific tasks and responsibilities of the Advisor in relation to the project. The scope of engagement is described in detail, ensuring that both parties have a clear understanding of the Advisor's role.
The following section of the document addresses the fees to be paid by Account Job Company to the Advisor. It states that the Advisor will receive an advisory fee for providing investment advice related to the project. The amount of the advisory fee is specified, and it is mentioned that it should be paid within 7 days of signing the engagement letter. Additionally, a success fee is mentioned, which is a percentage of the aggregate investment amount at the signing of investment contracts between Account Job Company and investors introduced by the Advisor. The success fee should also be paid within 7 days of signing the investment contracts.
The document includes a section on miscellaneous provisions. It states that any payments associated with non-compete agreements, advisory agreements, or other payments not made in respect of the capital stock or assets of the project will not be included as the success fee. Both parties agree to keep any proprietary information confidential, except as required by applicable law or judicial process.
The document also includes provisions regarding termination and transferability. It states that either party can terminate the agreement with at least ten days' written notice. However, if Account Job Company consummates a transaction with an investor introduced by the Advisor within twenty-four months of termination, it remains liable to pay the success fees. The provisions concerning confidentiality, indemnification, contribution, and the investor's obligation to pay fees survive any termination. The agreement can be transferred in part or in its entirety to an affiliate of the Advisor within the first six months from the date of the agreement.
The document concludes with a section on notices, stating that any notices should be made in writing or by email. It also includes a jurisdiction clause. Finally, the document ends with a closing and the signature of Account First Name Account Last Name, Account Job Title at Account Job Company, and Party 1 contact, representing Party 1 Name.
In summary, the 'Engagement Letter and Success Fee Agreement from Advisor / Consultant' is a comprehensive document that outlines the engagement and fee agreement between Party 1 and Account Job Company. It covers the scope of engagement, fees to be paid, and miscellaneous provisions to ensure both parties have a clear understanding of their rights and obligations.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of the warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. Keep all proprietary information confidential and refrain from making use of it, except as required by applicable law or judicial process.
7. The agreement can be terminated by either party with at least ten days' written notice. However, if a transaction is consummated with an investor introduced by the Advisor within twenty-four months of termination, the success fees remain payable.
8. Any notices should be made in writing or by email, using the addresses, emails, and telephone numbers provided by each party.
9. No failure to exercise or delay in exercising any right or remedy under the agreement shall operate as a waiver or affirmation of the agreement. Any exercise of rights or remedies should be in writing.
10. If any provision of the agreement is found invalid or unenforceable, it will not affect the remainder of the agreement. The agreement is binding and inures to the benefit of the parties and their personal representatives, successors, and assigns.
11. This agreement supersedes all previous agreements and understanding between the parties regarding the subject matter. Any amendments to the agreement should be in writing and executed by both parties.
Follow these steps to ensure a clear and effective use of the 'Engagement Letter and Success Fee Agreement from Advisor / Consultant.'