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Facilitation Fee Agreement
"I need a Facilitation Fee Agreement for my oil and gas company engaging a local Nigerian consultant to assist with obtaining necessary permits and licenses, with monthly payments of $5,000 and a success fee structure, starting March 2025."
1. Parties: Identification of the parties entering into the agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the legitimate business purpose for the facilitation services
3. Definitions: Key terms used throughout the agreement, including specific definitions of facilitation services
4. Scope of Services: Detailed description of the legitimate facilitation services to be provided
5. Payment Terms: Structure, timing, and conditions for facilitation fee payments
6. Compliance with Laws: Specific provisions ensuring compliance with Nigerian anti-corruption laws and regulations
7. Representations and Warranties: Statements of fact and promises made by both parties, especially regarding legal compliance
8. Record Keeping and Audit Rights: Requirements for maintaining transparent records and right to audit
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Provisions for protecting confidential information shared during the engagement
11. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction for disputes
12. Entire Agreement: Standard boilerplate confirming this document as the complete agreement between parties
1. Force Majeure: Optional clause for unforeseen circumstances preventing performance, included when services might be affected by external events
2. Assignment: Clause regarding the right to transfer the agreement, included when transfer rights are relevant to the business context
3. Dispute Resolution: Detailed dispute resolution procedures, included when parties want specific arbitration or mediation processes
4. Insurance: Requirements for insurance coverage, included when services involve significant risks
5. Anti-Money Laundering Provisions: Detailed AML compliance requirements, included when dealing with high-risk transactions or international payments
6. Foreign Exchange Provisions: Specific provisions for handling foreign currency payments, included when payments involve foreign exchange
1. Schedule 1 - Service Description: Detailed breakdown of facilitation services to be provided
2. Schedule 2 - Fee Structure: Detailed breakdown of fees, payment milestones, and calculation methods
3. Schedule 3 - Compliance Procedures: Specific procedures for ensuring compliance with relevant laws and regulations
4. Appendix A - Required Documentation: List of documents required for verification and compliance purposes
5. Appendix B - Key Personnel: List of key personnel responsible for providing the facilitation services
6. Appendix C - Reporting Templates: Standard templates for activity reports and payment documentation
Authors
Oil and Gas
Mining and Natural Resources
Infrastructure Development
Manufacturing
International Trade
Telecommunications
Construction
Transportation and Logistics
Power and Energy
Agricultural Processing
Legal
Compliance
Finance
Commercial
Procurement
Risk Management
Operations
Business Development
Internal Audit
Corporate Affairs
Chief Legal Officer
Compliance Officer
Commercial Director
Country Manager
Business Development Manager
Procurement Manager
Contract Manager
Finance Director
Risk Manager
Operations Director
General Counsel
Managing Director
Chief Financial Officer
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