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Facilitation Fee Agreement
"I need a Facilitation Fee Agreement for our mining consultancy firm to assist international clients with obtaining South African mining permits, including success-based fees and strict anti-corruption provisions."
1. Parties: Identification and details of the facilitator and the client
2. Background: Context of the agreement and general purpose of the facilitation services
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Scope of Services: Detailed description of facilitation services to be provided
5. Fees and Payment Terms: Structure and timing of facilitation fees, invoicing, and payment methods
6. Duration and Termination: Term of the agreement and circumstances for termination
7. Obligations of the Facilitator: Key responsibilities and commitments of the facilitator
8. Obligations of the Client: Key responsibilities and commitments of the client
9. Anti-Corruption Compliance: Provisions ensuring compliance with anti-corruption laws and ethical business practices
10. Representations and Warranties: Standard legal assurances from both parties
11. Confidentiality: Protection of confidential information exchanged during the engagement
12. General Provisions: Standard legal clauses including notices, governing law, and jurisdiction
1. Performance Metrics: Specific KPIs or success criteria for the facilitation services, used when performance-based fees apply
2. International Payments: Additional provisions for cross-border payments and exchange control compliance, required for international agreements
3. Intellectual Property: Protection of IP rights, needed when facilitation involves creation or use of intellectual property
4. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-value agreements
5. Non-Competition: Restrictions on competitive activities, useful when facilitator has access to sensitive market information
6. Insurance: Insurance requirements and liability coverage, important for high-risk or regulated industries
7. Data Protection: POPIA compliance provisions, necessary when personal information is processed
1. Schedule A - Service Description: Detailed scope of facilitation services and deliverables
2. Schedule B - Fee Structure: Detailed breakdown of fees, including any success fees or performance bonuses
3. Schedule C - Key Personnel: List of key individuals involved in providing the facilitation services
4. Schedule D - Compliance Requirements: Specific regulatory and compliance requirements applicable to the services
5. Schedule E - Reporting Requirements: Format and frequency of progress reports and performance updates
6. Appendix 1 - Anti-Corruption Policy: Client's anti-corruption policy that facilitator must comply with
7. Appendix 2 - Required Documentation: List of documents required for regulatory compliance and reporting
Authors
Mining and Natural Resources
Manufacturing
International Trade
Financial Services
Technology and Communications
Infrastructure Development
Energy
Healthcare
Real Estate and Construction
Professional Services
Retail and Distribution
Agriculture
Legal
Compliance
Finance
Procurement
Business Development
Risk Management
Operations
Commercial
Corporate Governance
Internal Audit
Chief Executive Officer
Commercial Director
Business Development Manager
Legal Counsel
Compliance Officer
Finance Director
Procurement Manager
Contract Manager
Risk Manager
Operations Director
Project Manager
Regional Manager
Business Unit Head
Company Secretary
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