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Cost And Fee Contract
I need a Cost And Fee Contract for a technology consulting project starting March 2025, where we'll be charging costs plus a 15% success fee, with specific provisions for remote work and intellectual property protection for software development.
1. Parties: Identification of all contracting parties, including full legal names and addresses
2. Background: Context of the agreement, including the purpose and general scope of services
3. Definitions: Detailed definitions of key terms used throughout the contract, particularly financial and technical terms
4. Scope of Services: Detailed description of services to be provided under the contract
5. Cost Structure: Breakdown of cost categories and how they will be calculated and applied
6. Fee Calculation: Methodology for calculating fees, including base rates and any multipliers
7. Payment Terms: Terms and conditions for payment, including timing, method, and currency
8. Invoicing Requirements: Specific requirements for invoice submission, approval, and processing
9. Record Keeping and Audit Rights: Requirements for maintaining cost records and client's right to audit
10. Change Management: Process for handling changes to scope, costs, or fees
11. Term and Termination: Duration of the agreement and conditions for termination
12. Dispute Resolution: Process for resolving disputes related to costs and fees
13. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Performance Metrics: Include when specific performance standards or KPIs are tied to fee calculations
2. Incentive Structure: Include when performance-based bonuses or incentives are part of the fee arrangement
3. Cost Limits and Caps: Include when there are maximum limits on specific cost categories or total contract value
4. Currency Exchange: Include for international contracts involving multiple currencies
5. Insurance Requirements: Include when specific insurance coverage is required based on service nature
6. Intellectual Property Rights: Include when services involve creation or use of intellectual property
7. Confidentiality: Include when sensitive cost information or trade secrets are involved
8. Force Majeure: Include when specific provisions for handling cost and fee implications of unforeseen events are needed
1. Schedule A - Rate Card: Detailed breakdown of all applicable rates, including personnel categories and overhead rates
2. Schedule B - Cost Categories: Comprehensive list of allowable and non-allowable costs
3. Schedule C - Fee Calculation Methodology: Detailed explanation of how fees are calculated, including formulas and examples
4. Schedule D - Invoice Format: Template and requirements for invoice submission
5. Schedule E - Performance Metrics: Detailed description of performance standards and their impact on fees
6. Appendix 1 - Cost Breakdown Structure: Detailed categorization of project costs and their allocation
7. Appendix 2 - Change Order Template: Standard format for requesting and documenting cost and fee changes
8. Appendix 3 - Reporting Templates: Standard formats for cost and fee reporting requirements
Authors
Allowable Costs
Applicable Rates
Base Fee
Change Order
Client Representative
Completion Date
Contract Documents
Cost Records
Direct Costs
Disbursements
Effective Date
Fee
Fixed Fee
Force Majeure Event
GST/HST
Hourly Rates
Indirect Costs
Invoice Period
Key Personnel
Milestone
Non-allowable Costs
Overhead Costs
Payment Due Date
Performance Metrics
Project
Project Schedule
Reimbursable Expenses
Scope of Services
Service Provider Representative
Services
Subcontractor
Success Fee
Target Cost
Time Records
Unit Rates
Work Product
Working Day
Variable Costs
Cost Plus Fee
Progress Payment
Quality Standards
Rate Card
Retention Amount
Site
Supporting Documentation
Term
Third Party Costs
Work Authorization
Services Scope
Cost Calculation
Fee Structure
Payment Terms
Invoicing
Record Keeping
Audit Rights
Performance Standards
Change Management
Client Obligations
Service Provider Obligations
Personnel
Quality Assurance
Reporting Requirements
Intellectual Property
Confidentiality
Data Protection
Liability
Indemnification
Insurance
Force Majeure
Term and Termination
Dispute Resolution
Assignment
Subcontracting
Notices
Governing Law
Entire Agreement
Severability
Waiver
Amendment
Time of Essence
Currency
Tax
Health and Safety
Environmental Compliance
Site Access
Materials and Equipment
Warranties
Compliance with Laws
Construction
Engineering
Professional Services
Consulting
Information Technology
Project Management
Architecture
Industrial Services
Research and Development
Environmental Services
Management Consulting
Technical Services
Legal
Finance
Procurement
Operations
Project Management
Commercial
Risk Management
Compliance
Business Development
Contract Administration
Project Manager
Contract Administrator
Financial Controller
Cost Engineer
Procurement Manager
Legal Counsel
Chief Financial Officer
Operations Manager
Commercial Manager
Risk Manager
Compliance Officer
Account Manager
Business Development Manager
Project Director
Finance Director
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