XYZ Growth Partnership ServiceLetter of Agreement

GROWTH PARTNERSHIP SERVICE
LETTER OF AGREEMENT

University XYZ

November 5, 2012

Dear XXX:

Frost & Sullivan is pleased that University XYZ has accepted our Growth Partnership Service (GPS) proposal. We are confident XYZ will significantly benefit from the GPS. This document outlines the content, terms and conditions of XYZ’s GPS and is valid until xxx. XYZ’s GPS access level is enterprise wideto all current employees and students at XYZ. The GPS will be initiated on receipt of this signed LOA. The listing below summarises the applicable services for XYZ’s GPS.

Client Name: / xxx
License Period: / 12 months
Start Date: / xxx / Renewal Date: / xxx
License Code(s): / Industry Focus: Total Portfolio of Frost & Sullivan
  • Total Aerospace & Defense
  • Total Information & Communication Technology
  • Total Healthcare & Life sciences
  • Total Chemicals, Materials & Food
  • Total Industrial Automation & Process Control
  • Total Measurement & Instrumentation
  • Total Electronics & Security
  • Total Energy & Power Systems
  • Total Automotive & Transportation
  • Total Environmental & Building Technologies
  • Total Technical Insights
Geographic Focus: Global
Access Level: Australia / NZ
Service Element / Description
Market Engineering / Market forecasts, drivers and restraints, as well as qualitative analyses on key growth challenges and opportunities for competitors across the value chain
Technical Insights / Relevant Technical Insights Alerts and Technical Insights subscription, covering emerging technologies, ground breaking R&D and technology innovation
Economic Research and Analysis / Economic Impact Articles, Country Industry Forecasts, and Decision Support Databases that analyze impact of economic/demographic trends
Financial Benchmarking and Analysis / Analysis of financial strategy alignment with growth opportunities
Analyst Briefings / Analyst chaired webinars that provide insights and growth implications for specific companies
Market Insights / Topical, issue based articles or in-depth analyses that capture analyst opinions and insights

Investment to xxx:

Description / This is a license for access to all current employees and students of University XXX.

Total Investment 12 months access: A$xxx + GST

TERMS AND CONDITIONS

  • The overall charge for the GPS for XYZ will be A$xxx exclusive of GST.
  • The above charges will be invoiced according to the following schedule;
  • AXXX on receipt of this signed LOA
  • Invoices are due for payment on receipt. Invoiced amounts which have not been paid within 30 days after the due date will thereafter, until paid, be subject to a late payment charge at the lesser of 1.5% per month or, the maximum rate permitted under applicable law.
  • All services identified above will be made available to XYZ via a customised portal in frost.com, accessible via specified IP addresses. Access to these services will be valid only for the specific time periods identified for each service. Frost & Sullivan will submit renewal notices approximately 1 month before contract expiry. Failure on the part of XYZ to renew the services on or prior to the renewal dates will lead to the termination of access to all relevant services.
  • Any Frost & Sullivan material submitted to XYZ is for XYZ’s use only. XYZ may not resell Frost & Sullivan reports to third parties without written consent from Frost & Sullivan. XYZ may use material from the GPS for internal or external purposes, including in customized research projects for external parties, however reference to the source of such material is requested.The XYZ’s library staff may supply to another library, upon request by that library, either a single paper copy (by post or fax) or an electronic copy of an individual document from the Frost.com site, for the purpose of research or private study. The electronic copy must be supplied by secure electronic transmission (like Ariel) and must be deleted by the recipient library immediately after printing a paper copy of the document for its user
  • Access to the GPS service is restricted to current employees and students of XYZ.
  • In determining its research efforts in producing Market Engineering reports, DSDs, Country Industry Forecasts and other deliverables included within the scope of this GPS, Frost & Sullivan takes into account a number of factors including availability of suitably experienced analysts to undertake research efforts and likely external demand for individual reports. As these factors may change over time, the availability of future planned reports nor quoted timeframes for availability cannot be guaranteed in advance.
  • Neither XYZ nor its parent or subsidiary organizations will employ or contract with any Frost & Sullivan employee during the period of this agreement. This includes economic relationships, including, but not limited to: offers of employment, independent contracts and outside consulting.
  • Frost & Sullivan shall not use the name of XYZ in relation to this agreement without obtaining XYZ's prior written consent, except that Frost & Sullivan may state that XYZ is a Frost & Sullivan subscriber in its collateral marketing materials.
  • Should XYZ wish to use F&S analysts to undertake ad hoc projects or answer queries outside the scope of clarifying or expanding on information in existing reports, then such time would be charged at a price of A$100 per hour. F&S would agree with XYZ the appropriate number of hours for the task after receipt of a brief from XYZ.

To confirm acceptance of this agreement, please sign at the bottom and return it to my attention. Upon receipt of the signed agreement, we will immediately renew the GPS for XYZ. We look forward to building a stronger strategic partnership with XYZ.

Sincerely,

Mark Dougan

Managing Director, ANZ

Frost & Sullivan

______

For XYZ

Date: ______

5 November 20121