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Construction Referral Fee Agreement
"I need a Construction Referral Fee Agreement under Malaysian law for my engineering consultancy to pay 5% referral fees to property developers who introduce new construction projects, with the agreement to start from March 2025."
1. Parties: Identification of the referring party and the recipient of referrals, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, nature of the construction business, and purpose of the referral arrangement
3. Definitions: Key terms used throughout the agreement, including 'Referral', 'Successful Introduction', 'Construction Project', 'Referral Fee', etc.
4. Scope of Services: Details of the referral services, including how referrals will be made and what constitutes a valid referral
5. Referral Process: Step-by-step process for making and accepting referrals, including notification requirements
6. Fee Structure: Calculation method for referral fees, payment terms, and conditions for fee eligibility
7. Payment Terms: Timing of payments, invoicing requirements, and payment methods
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Protection of confidential information shared during the referral process
10. Non-Solicitation: Restrictions on directly approaching referred clients outside the agreement
11. Representations and Warranties: Parties' assurances regarding their authority, compliance with laws, and professional status
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Exclusivity: Used when the referral arrangement is exclusive, preventing parties from entering similar arrangements with others
2. Performance Targets: Include when specific referral targets or minimum performance levels are required
3. Marketing and Promotion: Required when parties agree to specific marketing activities or brand usage
4. Professional Indemnity Insurance: Include when parties must maintain specific insurance coverage
5. Dispute Resolution: Detailed dispute resolution procedures, including mediation or arbitration, if not covered in general provisions
6. Anti-Corruption Compliance: Detailed compliance requirements when dealing with public sector projects or high-value referrals
7. Data Protection: Include when personal data processing is involved in the referral process
1. Schedule 1: Fee Structure and Calculation Method: Detailed breakdown of referral fees, including percentages, tiers, and calculation examples
2. Schedule 2: Referral Process Flowchart: Visual representation of the referral process and timeline
3. Schedule 3: Approved Project Types: List of construction project types covered by the agreement
4. Schedule 4: Reporting Templates: Standard forms for referral submissions and tracking
5. Schedule 5: Contact Details: Key contact persons and their details for both parties
6. Appendix A: Code of Conduct: Guidelines for ethical referral practices and professional behavior
7. Appendix B: Compliance Checklist: Regulatory and internal compliance requirements for referral activities
Authors
Affiliate
Approved Project
Business Day
Commencement Date
Confidential Information
Construction Project
Construction Services
Contract Value
Effective Date
Eligible Project
Force Majeure Event
Initial Term
Intellectual Property Rights
Laws
Notice
Party
Project Documentation
Recipient
Referral
Referral Fee
Referral Notice
Referral Period
Referral Process
Referred Client
Referring Party
Successful Introduction
Term
Territory
Working Hours
Appointment
Scope of Services
Referral Process
Fee Structure
Payment Terms
Obligations
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Term and Duration
Termination
Force Majeure
Insurance
Liability and Indemnity
Anti-Corruption
Compliance with Laws
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Counterparts
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Civil Engineering
Architecture
Building Materials
Construction Consulting
Legal
Business Development
Operations
Commercial
Sales
Procurement
Contract Administration
Executive Leadership
Project Management
Risk Management
Construction Manager
Business Development Director
Managing Director
Construction Project Manager
Legal Counsel
Contract Manager
Chief Executive Officer
Operations Director
Commercial Director
Business Development Manager
Sales Manager
Partnership Manager
Construction Consultant
Project Director
Procurement Manager
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