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Facilitation Fee Agreement
"I need a Facilitation Fee Agreement for engaging a local Malaysian business consultant to help establish our manufacturing facility in Penang, with a success-based fee structure and a contract term starting March 2025."
1. Parties: Identifies and defines the parties to the agreement - typically the Facilitator and the Principal
2. Background: Sets out the context and purpose of the agreement, including the business relationship between parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope of Services: Details the appointment of the Facilitator and outlines the specific services to be provided
5. Facilitation Fee and Payment Terms: Specifies the fee structure, calculation method, and payment terms
6. Obligations of the Facilitator: Lists the duties, responsibilities, and commitments of the Facilitator
7. Obligations of the Principal: Details the duties and commitments of the Principal
8. Representations and Warranties: Contains standard and specific warranties from both parties, including compliance with anti-corruption laws
9. Confidentiality: Governs the handling and protection of confidential information
10. Term and Termination: Specifies the duration of the agreement and circumstances for termination
11. General Provisions: Contains standard boilerplate clauses including notices, amendments, governing law, etc.
1. Exclusivity: Optional clause defining whether the Facilitator has exclusive rights - include when exclusivity is part of the arrangement
2. Performance Metrics: Include when specific performance standards or KPIs are required for the facilitation services
3. Insurance: Include when specific insurance requirements are needed for the services
4. Intellectual Property: Include when the services involve creation or use of intellectual property
5. Force Majeure: Include when specific force majeure provisions are needed beyond standard provisions
6. Anti-corruption Compliance Program: Include when detailed compliance procedures are required, especially for high-risk services
7. Dispute Resolution: Include when specific dispute resolution mechanisms (e.g., arbitration) are preferred
1. Schedule 1 - Services Description: Detailed description of the facilitation services to be provided
2. Schedule 2 - Fee Structure and Calculations: Detailed breakdown of fees, including calculation methods and examples
3. Schedule 3 - Payment Schedule: Timeline and milestones for fee payments
4. Schedule 4 - Key Personnel: List of key personnel involved in providing the facilitation services
5. Schedule 5 - Compliance Requirements: Specific compliance requirements and procedures
6. Appendix A - Required Documentation: List of documents required for service delivery and payment processing
7. Appendix B - Reporting Templates: Standard templates for activity reports and payment requests
Authors
Applicable Laws
Business Day
Confidential Information
Effective Date
Facilitation Fee
Facilitation Services
Force Majeure Event
Intellectual Property Rights
Key Personnel
Malaysian Ringgit
Material Adverse Effect
Performance Metrics
Principal
Principal Business
Project
Related Corporation
Representatives
Service Location
Service Period
Success Fee
Target Companies
Term
Territory
Working Hours
Scope of Services
Term
Fees and Payment
Payment Terms
Performance Obligations
Representations and Warranties
Anti-Corruption Compliance
Confidentiality
Non-Competition
Non-Solicitation
Intellectual Property
Data Protection
Record Keeping
Audit Rights
Force Majeure
Termination
Consequences of Termination
Indemnification
Limitation of Liability
Insurance
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Amendment
Severability
Counterparts
Third Party Rights
International Trade
Manufacturing
Business Services
Technology
Infrastructure
Real Estate
Energy
Healthcare
Telecommunications
Financial Services
Legal
Compliance
Finance
Business Development
Commercial
Operations
Procurement
Risk Management
Executive Leadership
Chief Executive Officer
Business Development Manager
Legal Counsel
Compliance Officer
Finance Director
Commercial Director
Operations Manager
Procurement Manager
Contract Manager
Risk Manager
Country Manager
Regional Director
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