The Finder's Fee Contract is a crucial document used in Austrian business transactions where one party (the Finder) agrees to facilitate introductions or identify opportunities for another party (the Principal) in exchange for compensation. This type of agreement is commonly used in various business contexts, from real estate transactions to corporate mergers and acquisitions, where networking and introductions play a vital role. The contract must comply with Austrian legal requirements, including the ABGB and UGB, and should clearly specify the scope of services, success criteria, and compensation terms. The document typically includes detailed provisions about what constitutes a successful introduction, the calculation and timing of fee payments, and any exclusivity or territorial restrictions that may apply.
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1. Parties: Identification and details of the Principal and the Finder, including their full legal names, registration numbers (if applicable), and addresses
2. Background: Context of the agreement, including the Principal's business needs and the Finder's capacity to provide the service
3. Definitions: Key terms used throughout the agreement, including 'Successful Introduction', 'Target', and 'Finder's Fee'
4. Scope of Services: Detailed description of the finder's services, including the type of introduction or opportunity being sought
5. Fee Structure: Clear definition of the finder's fee amount or calculation method, including any variations based on different scenarios
6. Payment Terms: Timing and method of payment, including any conditions precedent to payment obligation
7. Successful Introduction Criteria: Specific criteria that constitute a successful introduction triggering the fee obligation
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Confidentiality: Obligations regarding confidential information exchanged during the course of the relationship
10. Representations and Warranties: Basic warranties about capacity to contract and provide services
11. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for dispute resolution
1. Exclusivity: Used when the Finder is granted exclusive rights for certain introductions or territories
2. Non-Circumvention: Added when there's risk of direct engagement between Principal and Target without compensating the Finder
3. International Payments: Include when parties are in different countries, addressing currency and cross-border payment issues
4. Data Protection: Required when personal data processing is involved in providing the services
5. Force Majeure: Optional clause for circumstances preventing performance
6. Non-Solicitation: Added when there's need to prevent poaching of introduced contacts
7. Dispute Resolution: Detailed dispute resolution procedures, including potential mediation steps before litigation
1. Fee Calculation Examples: Detailed examples showing how fees are calculated in different scenarios
2. Target Profile: Specific criteria and characteristics of the desired introduction target
3. Reporting Template: Standard format for reporting introductions and tracking potential fee triggers
4. Excluded Targets: List of entities or individuals explicitly excluded from the scope of the agreement
5. Introduction Confirmation Form: Template form for documenting and confirming successful introductions
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