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Success Fee Consulting Agreement
"I need a Success Fee Consulting Agreement for a digital transformation project in Auckland, where the consultant will help modernize our legacy systems and success fees will be tied to achieving specific cost reduction targets by June 2025."
1. Parties: Identification of the consultant and the client, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, brief description of the client's needs and consultant's expertise
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Success Criteria', 'Success Fee', and 'Confidential Information'
4. Scope of Services: Detailed description of the consulting services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
6. Success Criteria: Clear, measurable criteria that determine when success fees become payable
7. Fees and Payment Terms: Structure of base fees (if any), success fees, payment timing, and invoicing requirements
8. Obligations of the Consultant: Consultant's duties, standard of care, and service delivery commitments
9. Obligations of the Client: Client's responsibilities, including providing information and cooperation
10. Confidentiality: Protection and handling of confidential information
11. Intellectual Property: Ownership and rights to work products and pre-existing IP
12. Limitation of Liability: Caps on liability and exclusions of certain types of damages
13. Dispute Resolution: Process for resolving disagreements, including mediation and arbitration procedures
14. General Provisions: Standard clauses including governing law, notices, and assignment
1. Non-Competition: Restrictions on consultant's ability to work with competitors, used when sensitive industry knowledge is involved
2. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in long-term engagements
3. Insurance: Requirements for professional indemnity and other insurance, important for high-value or high-risk consulting
4. Data Protection: Specific provisions for handling personal data, required when processing sensitive information
5. Sub-contractors: Terms governing the use of sub-contractors, needed when the consultant may delegate work
6. Performance Reviews: Process for regular review of services, useful in long-term consulting arrangements
7. Exit Provisions: Detailed procedures for contract conclusion, important for complex engagements
8. Change Control: Process for modifying scope or success criteria, useful in dynamic projects
1. Schedule 1: Detailed Scope of Services: Comprehensive breakdown of services, deliverables, and timelines
2. Schedule 2: Success Fee Calculations: Detailed formula and examples of success fee calculations
3. Schedule 3: Key Personnel: List of key consultant team members and their roles
4. Schedule 4: Service Levels: Specific performance metrics and service standards
5. Schedule 5: Base Fee Schedule: Breakdown of any fixed or hourly fees separate from success fees
6. Appendix A: Progress Report Template: Standard format for progress reporting
7. Appendix B: Success Verification Process: Detailed process for verifying achievement of success criteria
Authors
Services
Success Criteria
Success Fee
Base Fee
Commencement Date
Completion Date
Confidential Information
Deliverables
Force Majeure Event
Intellectual Property
Pre-existing IP
Project
Client Materials
Success Milestone
Performance Metrics
Service Level
Key Personnel
Material Breach
Payment Date
Project Plan
Progress Report
Quarter
Related Companies
Representatives
Site
Specifications
Sub-contractor
Success Fee Calculation Period
Term
Territory
Working Day
Work Product
Variable Fee Component
Verification Process
Target Outcome
Success Certificate
Professional Standards
Project Timeline
Measurement Period
KPIs
Implementation Phase
Good Industry Practice
Expenses
Dispute
Completion Certificate
Client Group
Business Day
Authorized Representative
Services
Term
Success Criteria
Fees and Payment
Success Fee Calculation
Performance Measurement
Service Levels
Consultant Obligations
Client Obligations
Key Personnel
Reporting
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Liability and Indemnity
Insurance
Force Majeure
Termination
Exit Rights
Dispute Resolution
Assignment
Subcontracting
Notices
Relationship of Parties
Variation
Severability
Entire Agreement
Governing Law
Good Faith
Costs
GST and Taxation
Change Control
Warranties
Record Keeping
Audit Rights
Publicity
Business Continuity
Anti-Bribery
Compliance with Laws
Financial Services
Management Consulting
Business Advisory
Technology
Real Estate
Private Equity
Mergers & Acquisitions
Business Transformation
Strategy Consulting
Performance Improvement
Startup Advisory
Corporate Restructuring
Digital Transformation
Business Development
Operations Consulting
Legal
Procurement
Finance
Commercial
Business Development
Operations
Strategy
Corporate Development
Risk Management
Compliance
Management Consultant
Business Advisor
Strategy Consultant
Financial Advisor
Project Manager
Business Transformation Consultant
Performance Improvement Specialist
Change Management Consultant
Digital Transformation Consultant
Operations Consultant
Chief Executive Officer
Chief Financial Officer
Legal Counsel
Procurement Manager
Commercial Director
Business Development Manager
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