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Finders Fee Consulting Agreement
"I need a Finder's Fee Consulting Agreement for my technology company based in Sydney, where we'll engage a consultant to help identify potential acquisition targets in the Australian SaaS market, with a success fee of 2% of transaction value and a 12-month term starting January 2025."
1. Parties: Identifies and defines the parties to the agreement - typically the Client and the Finder/Consultant
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Scope: Defines the Finder's appointment and authorized activities
5. Finder's Services and Obligations: Details the specific services to be provided and the Finder's responsibilities
6. Client's Obligations: Outlines the Client's responsibilities and duties
7. Success Fee Structure: Details the finder's fee calculation method and qualifying criteria
8. Payment Terms: Specifies payment timing, method, and any conditions precedent
9. Term and Termination: Sets out the duration of the agreement and termination rights
10. Confidentiality: Protects confidential information exchanged during the engagement
11. Representations and Warranties: Contains standard warranties about capacity and authority
12. Limitation of Liability: Defines the extent of the Finder's liability
13. General Provisions: Contains standard boilerplate clauses including governing law, notices, and assignment
1. Exclusivity: Used when the Finder is granted exclusive rights for specific opportunities or territories
2. Regulatory Compliance: Added when specific regulatory requirements need to be addressed, such as financial services regulations
3. International Provisions: Required for cross-border arrangements, including currency and tax provisions
4. Non-Circumvention: Prevents direct dealings between the Client and introduced parties without the Finder's involvement
5. Intellectual Property: Added when the services involve creation or use of intellectual property
6. Insurance: Used when specific insurance requirements need to be maintained
7. Non-Solicitation: Prevents poaching of staff or clients, added for longer-term relationships
8. Dispute Resolution: Details specific dispute resolution procedures, particularly useful for high-value or international agreements
1. Schedule 1 - Services Description: Detailed description of the finder's services and target opportunities
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, including calculation methods and examples
3. Schedule 3 - Target Companies/Opportunities: List of specific targets or opportunities within scope
4. Schedule 4 - Excluded Opportunities: List of companies or opportunities excluded from the agreement
5. Schedule 5 - Reporting Requirements: Details of any required reporting or documentation
6. Appendix A - Contact Details: Key contact information for both parties
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
Authors
Approved Opportunity
Business Day
Client
Commencement Date
Confidential Information
Consulting Services
Effective Date
Excluded Opportunity
Finder
Finder's Fee
Force Majeure Event
Initial Term
Intellectual Property Rights
Introduction
Key Personnel
Material Adverse Change
Opportunity
Payment Date
Qualifying Transaction
Related Body Corporate
Representatives
Services
Success Fee
Target
Target Company
Term
Territory
Transaction
Transaction Value
Appointment
Services
Exclusivity
Fees and Payment
Success Fee
Payment Terms
Client Obligations
Finder Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Solicitation
Non-Circumvention
Term
Termination
Force Majeure
Limitation of Liability
Indemnification
Assignment
Regulatory Compliance
Anti-Money Laundering
Notices
Entire Agreement
Severability
Variation
Waiver
Governing Law
Dispute Resolution
Costs
GST
Counterparts
Relationship of Parties
Third Party Rights
Time of Essence
Further Assurance
Financial Services
Real Estate
Mergers & Acquisitions
Private Equity
Venture Capital
Professional Services
Technology
Mining & Resources
Manufacturing
Business Services
Investment Banking
Commercial Property
Legal
Finance
Business Development
Corporate Development
Mergers & Acquisitions
Commercial
Procurement
Partnerships
Strategy
Executive Management
Chief Executive Officer
Chief Financial Officer
Business Development Manager
Corporate Development Director
Investment Manager
Legal Counsel
Commercial Director
Mergers & Acquisitions Director
Business Broker
Management Consultant
Partnership Manager
Strategic Alliance Manager
Finance Director
Corporate Advisor
Business Owner
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