ARKANSAS UNCLAIMED MONEY FINDER AGREEMENT
This ARKANSAS UNCLAIMED MONEY FINDER AGREEMENT (“Agreement”) is made and
entered into as of [insert date], by and between [insert name of Owner/Partnership]. (the
“Finder”), whose principal place of business located at [insert address], and [insert name of
the Owner] (“Owner”), an individual with his principal address for the purposes of this
agreement shall be [insert address].
RECITALS
WHEREAS, the Finder has the expertise, skill, and technical know-how to locate,
deliver, recover, or assist in the recovery of property; and
WHEREAS, the Owner desires to engage the services of Finder to locate, deliver, recover,
or assist in the recovery of property that is presumed abandoned that the Owner has reason
to believe it is the property of the owner.
AGREEMENT
NOW, THEREFORE, for and in consideration of the premises and the mutual promises,
covenants and agreements hereinafter set forth, Owner and Finder agree as follows:
1. Engagement. The Owner hereby engages the services of Finder, and Finder agrees
to provide, the services as set out herein below:
i. Locate, deliver, recover, or assist in the recovery of property that is presumed
abandoned.
ii. [insert other services to be offered]
2. Term and Termination.
2.1 Term. The term of this Agreement shall be from [insert date] through [insert date]
(the “Term”), unless earlier terminated as provided herein, or unless extended by mutual
agreement expressed in writing signed by both parties prior to the expiration of the Term.
2.2 Termination. Notwithstanding anything in this Agreement to the contrary:
2.2.1 The Term may be terminated by either party at any time without
advance notice, upon a material breach by the other party of any of its or his
obligations hereunder; and
2.2.2 The Term may be terminated without cause by either party upon
thirty (30) days written notice to the other.
3. Fees and Expenses; Services.
3.1 Fees. During the Term, the Owner shall pay Finder as follows:
3.1.1 For services performed during the Term, the Owner will pay Finder
ten percent (10%) of the property recovered and delivered to the owner.
3.2 Supplies and Equipment. Except to the extent that the Owner may determine it to
be more convenient for Finder to use equipment and supplies already owned by the Owner,
Finder shall be responsible for furnishing, at his expense, all equipment and supplies
necessary for the provision of his or his services hereunder.
4. Additional Requirements for Services to Be Performed.
4.1 Reporting. Finder shall regularly report, but no less than weekly during the Term, on
the progress of recovery of tasks.
4.2 Best Efforts. Finder agrees to use his best efforts in providing services under the
terms of this Agreement.
4.3 No Subcontracting. Finder is being engaged to perform personal services within his
asserted areas of professional expertise, and shall not delegate or subcontract any portion of
the services to be performed hereunder.
5. Finder Relationship.
5.1 No Employment Relationship. The Owner and Finder each expressly agree and
understand that they are creating an Independent Contractor relationship, and that Finder
shall not be considered an employee of the Owner for any purpose.
5.2 Non-exclusivity of Services Other Than to Competitors. This Agreement shall not
restrict Finder from performing services for other clients or businesses; provided, however
that there shall be no conflict of interest arising out of performing the services for other
clients. Additionally, to avoid the appearance or existence of a conflict of interest, during the
Term, Finder must fully disclose in advance to Owner the terms of any proposed or actual
services for a vendor or customer of Owner, and Owner shall have the right in its sole
discretion to disapprove the transaction on conflict of interest grounds, or alternatively to
terminate this Agreement immediately and without further obligation to Finder
6. Ethical Conduct.
6.1 Compliance with Applicable Laws. Finder, in his performance under this Agreement,
shall comply with all applicable federal, state, and local laws and regulations.
7. Confidentiality and Non-Disclosure.
7.1 Confidential Information Defined. As used herein, the term “Confidential
Information” shall mean and include, without limitation, any and all trade secrets, secret
processes, marketing data, marketing plans, marketing strategies, customer names and
addresses, prospective customer lists, data concerning Owner’s products and methods,
computer software, files and documents, and any other information of a similar nature
disclosed to Finder or otherwise made known to him as a consequence of or through his
relationship with the Owner.
7.2 Confidential Information Belongs to Owner. All notes, data reference materials,
memoranda, documentation and records in any way incorporating or reflecting any of the
Confidential Information shall belong exclusively to Owner, and Finder agrees to return the
originals and all copies of such materials in his possession, custody or control to the Owner
upon request or upon termination or expiration of the Term of this Agreement.
7.3 Confidentiality Obligation. Finder agrees during the Term of this Agreement and
thereafter to hold in confidence and not to directly or indirectly reveal, report, publish,
disclose or transfer any of the Confidential Information to any other person or entity, or utilize
any of the Confidential Information for any purpose, except in the course of services
performed under this Agreement.
7.4 Injunctive Relief in Event of Breach. Because of the unique nature of the
Confidential Information, the undersigned understands and agrees that Owner will suffer
irreparable harm in the event that Finder fails to comply with any of his obligations under
this Section 7, and that monetary damages will be inadequate to compensate Owner for
such breach. Accordingly, Finder agrees that Owner will, in addition to any other remedies
available to it at law or in equity, be entitled to injunctive relief to enforce the terms of
this Section 7.
8. Representations and Warranties. Finder hereby represents and warrants that, as of the
date hereof and continuing throughout the term of this Agreement, he is not and will not be in
any way restricted or prohibited, contractually or otherwise, from entering into this
Agreement or performing the services contemplated hereunder.
9. Miscellaneous.
9.1 Entire Agreement. This Agreement contains the entire agreement of the parties with
respect to the subject matter hereof and supersedes and replaces any oral or written
agreements heretofore entered into between the parties. This Agreement cannot be
modified, or any performance or condition waived, in whole or in part, except by a writing
signed by the party against whom enforcement of the modification or waiver is sought. The
waiver of any breach of any term or condition of this Agreement shall not be deemed to
constitute the waiver of any other breach of the same or any other term or condition.
9.2 Interpretation, Severability and Reformation. Whenever possible, each provision of
this Agreement shall be interpreted in such a manner as to be valid and effective under
applicable law. If any provision of this Agreement shall be unlawful, void or for any reason
unenforceable, it shall be deemed separable from, and shall in no way affect the validity or
enforceability of, the remaining provisions of this Agreement, and the rights and obligations
of the parties shall be enforced to the fullest extent possible.
9.3 Survival. To the extent consistent with this Agreement, all representations,
warranties and post-termination obligations contained in this Agreement shall survive the
expiration of the Term, or the termination, of this Agreement.
9.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
Owner and to any of its successors. This Agreement is not assignable by Finder, but shall be
binding upon and, to the extent provided for in this Agreement, inure to the benefit of
Finder’s heirs, executors, administrators and legal representatives.
9.5 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute one
and the same instrument.
9.6 Governing Law. The validity and effect of this Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of Arkansas without
reference to conflicts of laws principles.
IN WITNESS WHEREOF, the parties hereto have executed this Finder Agreement as
of the date first above written.
/s/_________________________
[insert name of Owner]
[[date]
/s/_________________________
[insert name of Finder]
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