SYSTEMS & SOLUTIONS
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COMPANY NAME: ________________________________
CITY: ________________________ STATE: _______________ ZIP: ___________
Application Fee $3000.00 ( Refundable )
1. PARTIES :___________________________________( Applicant) gives GLOBAL FINANCIAL SYSTEMS AND SOLUTIONS (Consultant) the exclusive right to work with and assist APPLICANT in locating and applying for funding or potential funding for their project or projects submitted.
2. TERM: This Agreement will begin on the _____ day of ________, ____________ (Start Date) Will terminate at 11:59 PM six months after the Start Date. If, at the termination date of agreement the funding application has been accepted by a fund or Investor, but the funds have not been released, this Agreement shall remain in effect until such funds have been released by the fund or Investor.
3. SERVICES: Consultant will provide the following services:
4. CONSULTANT'S OBLIGATIONS:
(a) Consultant will:
(b) Other Applicants: Applicant understands that Consultant may work with other prospective applicants who want to acquire the same funding or Investor as applicant. If Consultant submits proposals by competing applicants, Consultant will notify Applicant that a competing offer has been made and will not disclose any of the proposal?s material terms or conditions. Applicant agrees that Consultant may make competing applications aware of the existence of any proposal Applicant makes, so long as Consultant does not reveal any material terms or conditions of the proposal without the Applicant's prior written consent.
5. APPLICANTS OBLIGATIONS:
Applicant agrees to cooperate with Consultant in accomplishing the objectives of this Agreement including
6. RETAINER: Upon final execution of this Agreement, Applicant will pay to the consultant a retainer fee (Refundable) of $ 3000.00 for consultant services. The Applicant may choose to submit a request for extension with the Consultant to pursue additional funding opportunities to meet Applicant's specific project needs beyond the six (6) month period. Applicant hereby acknowledges that Consultant may receive additional compensation from the Investor who is working with the Applicant; such compensation shall not compromise Consultant duties to the Applicant.
7. CONFIDENTIALITY: All Applicant information will be held in strict confidence. Certain general funding information may be shared with other applicants. This information includes the fund amounts and general, description of projects and businesses benefiting from the financial funding.
8. PROTECTION PERIOD: If an Applicant receives funding through services of that Consultant, said Consultant will retain rights to the fund and Investor and Applicant for any further re-negotiations, re-application, and representation of the Applicant for further funding or funding efforts from the same funding source.
9. DISPUTE RESOLUTION: Any UN-resolvable dispute between Applicant and Consultant will be mediated. If a settlement is not reached in mediation, the matter will be submitted to binding arbitration in accordance with the rules of the American Arbitration or other mutually agreeable arbitrator.
10. LIMITS OF LIABILITY: The Consultant will provide professional services as identifies in 3 above. All fees (Retainer) are considered compensation for the Consultant?s professional services. Consultant makes no claims or guaranty regarding the actual awards of funding. Applicant acknowledges that the liable of Consultant, its agents, or employees, for claims or damages, costs of defense or suit, attorney's fees and expenses and payments arising out of or related to the Consultant?s negligence or breach of any obligation under this Agreement, including errors and omissions in the funding application process, shall be limited to liquidated damages in an amount equal to the Retainer Fee paid to the Consultant and this liability shall be exclusive . Applicant waives any claim for consequential, exemplary, special or incidental damages due to the inability to obtain funding,
11. REFUND POLICY: If after the (6) six month period of the date of this application the Consultant had not been able to acquire suitable funding for this project. Suitable meaning funding the Applicant accepts. It is understood the Applicant can request a full refund of the retainer and it will be refunded within 30 days of a written request. As stated earlier Applicant can also choose to renew the funding effort with a new application. Fees would be discussed at that time.