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Executive Consulting Agreement
"I need an Executive Consulting Agreement for a senior technology advisor who will lead our digital transformation project starting January 2025, including specific provisions for IP rights and performance metrics tied to project milestones."
1. Parties: Identifies the contracting parties - the company and the consultant (either as an individual or through their professional corporation)
2. Background: Outlines the context of the agreement, including the company's need for consulting services and the consultant's expertise
3. Definitions: Defines key terms used throughout the agreement
4. Engagement and Services: Establishes the engagement of the consultant and outlines the scope of services
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Compensation and Payment Terms: Details the consulting fees, payment schedule, and expense reimbursement policies
7. Independent Contractor Relationship: Explicitly establishes the nature of the relationship as independent contractor, not employment
8. Confidentiality: Protects confidential information and trade secrets
9. Intellectual Property Rights: Addresses ownership and rights to work product created during the engagement
10. Representations and Warranties: Contains mutual assurances about capacity, qualifications, and authority to contract
11. Indemnification: Outlines mutual or unilateral indemnification obligations
12. Insurance: Specifies required insurance coverage to be maintained by the consultant
13. General Provisions: Includes standard legal provisions such as governing law, notices, and amendment procedures
1. Non-Competition: Restricts consultant's ability to compete - include when consultant will have access to sensitive competitive information
2. Non-Solicitation: Prevents solicitation of employees/clients - include when consultant will have significant contact with clients or employees
3. Performance Metrics: Establishes specific performance standards - include when compensation is tied to performance
4. Equity Compensation: Details any equity or stock option arrangements - include when offering equity as part of compensation
5. Compliance with Policies: Requires adherence to company policies - include when consultant will work on-site or interact with employees
6. Use of Company Resources: Governs use of company equipment and facilities - include when providing company resources
7. International Services: Addresses cross-border service provision - include for international consulting arrangements
8. Force Majeure: Addresses unforeseeable circumstances - include when service continuity is critical
1. Schedule A - Scope of Services: Detailed description of consulting services to be provided
2. Schedule B - Compensation Details: Comprehensive breakdown of fees, payment terms, and any performance-based compensation
3. Schedule C - Key Performance Indicators: Specific metrics and targets for measuring consultant's performance
4. Schedule D - Approved Expenses: List of reimbursable expenses and approval procedures
5. Schedule E - Company Policies: Relevant company policies applicable to the consultant
6. Appendix 1 - Insurance Requirements: Detailed insurance coverage requirements
7. Appendix 2 - Confidential Information: Specific definition and examples of confidential information
8. Appendix 3 - Reporting Requirements: Templates and procedures for required reports and updates
Authors
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Energy
Mining
Telecommunications
Real Estate
Construction
Education
Retail
Non-Profit
Transportation
Media and Entertainment
Legal
Human Resources
Finance
Procurement
Executive Leadership
Corporate Development
Compliance
Risk Management
Operations
Project Management Office
Strategic Planning
Chief Executive Officer
Chief Financial Officer
Chief Operating Officer
Chief Technology Officer
Chief Marketing Officer
Chief Strategy Officer
Executive Director
Senior Management Consultant
Strategic Advisor
Interim Executive
Board Advisor
Management Consultant
Business Transformation Consultant
Executive Coach
Senior Project Director
Corporate Restructuring Advisor
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