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1. Parties: Identification of the evaluating firm and the company being evaluated, including registration details and authorized representatives
2. Background: Context of the evaluation request and brief overview of the company to be evaluated
3. Definitions: Key terms used throughout the agreement, including technical valuation terms and methodologies
4. Scope of Evaluation: Detailed description of what aspects of the company will be evaluated and the purpose of the evaluation
5. Evaluation Methodology: Overview of the valuation methods to be used and justification for their selection
6. Information Requirements: Details of documents, data, and access required from the company for the evaluation
7. Timeframe and Milestones: Timeline for the evaluation process, including key deliverable dates
8. Fees and Payment Terms: Detailed breakdown of evaluation costs, payment schedule, and terms
9. Confidentiality: Provisions for handling sensitive company information and evaluation findings
10. Limitations and Assumptions: Clear statement of evaluation limitations and underlying assumptions
11. Deliverables: Specification of evaluation report format and contents
12. Professional Standards: Statement of applicable professional standards and compliance requirements
13. Liability and Indemnification: Terms limiting evaluator's liability and indemnification provisions
14. Termination: Conditions and process for early termination of the evaluation engagement
15. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution
1. Post-Evaluation Support: Terms for additional support or clarifications after report delivery, included when ongoing assistance may be needed
2. Third-Party Reliance: Terms allowing other parties to rely on the evaluation, included when the report may be used by specific third parties
3. Regulatory Compliance: Specific provisions for evaluations requiring regulatory approval or compliance
4. International Considerations: Additional terms for companies with international operations or cross-border implications
5. Intellectual Property Rights: Specific provisions regarding ownership of evaluation methodologies and tools, included when proprietary methods are used
6. Conflict Resolution Committee: Structure and process for handling disputes, included for complex evaluations
7. B-BBEE Considerations: Specific section addressing B-BBEE status and implications, included when relevant to the evaluation purpose
1. Schedule A - Evaluation Team: Details of key personnel conducting the evaluation and their qualifications
2. Schedule B - Required Documentation: Comprehensive list of documents and information required from the company
3. Schedule C - Fee Structure: Detailed breakdown of fees, expenses, and payment milestones
4. Schedule D - Timeline: Detailed project timeline with specific milestones and deadlines
5. Schedule E - Evaluation Methodology: Detailed technical description of valuation methods and procedures
6. Appendix 1 - Information Access Protocol: Procedures for accessing and handling company information
7. Appendix 2 - Report Format: Template and requirements for the final evaluation report
8. Appendix 3 - Professional Credentials: Copies of relevant professional certifications and licenses
Applicable Laws
Assessment Date
B-BBEE Status
Business Day
Company
Company Information
Confidential Information
Deliverables
Effective Date
Evaluation
Evaluation Firm
Evaluation Methodology
Evaluation Period
Evaluation Report
Evaluation Team
Expert
Fair Market Value
Financial Statements
Force Majeure
Governing Law
Intellectual Property Rights
Material Adverse Change
Material Information
Parties
Professional Standards
Project Manager
Relevant Market
Services
Signing Date
Stakeholders
Subject Business
Termination Date
Third Party
Valuation Date
Valuation Methods
Working Papers
Scope of Services
Information Access
Confidentiality
Data Protection
Professional Standards
Evaluation Methodology
Deliverables
Timeline
Fees and Payment
Warranties
Liability
Indemnification
Insurance
Intellectual Property
Force Majeure
Termination
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment
Severability
Non-Solicitation
Regulatory Compliance
Third Party Rights
Conflict of Interest
Representation
Good Faith
Financial Services
Professional Services
Manufacturing
Mining
Retail
Technology
Healthcare
Real Estate
Agriculture
Energy
Telecommunications
Transportation and Logistics
Construction
Education
Finance
Legal
Corporate Development
Risk Management
Compliance
Executive Management
Board of Directors
Mergers & Acquisitions
Strategic Planning
Investment
Due Diligence
Chief Executive Officer
Chief Financial Officer
Financial Director
Corporate Development Manager
Investment Analyst
Business Valuator
Due Diligence Specialist
Merger & Acquisition Manager
Company Secretary
Legal Counsel
Risk Manager
Compliance Officer
Board Member
Investment Director
Strategic Planning Manager
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