sample sfp adoc

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Sub Fee Protection Agreement (SFPA) Contract No: . In reference of the Grey Portland Cement, grade CONTRACT (Details as shown below) GROUP GLOBAL COMPANY & INVESTMENT WILL PAY COMMISSION TO . BY BEGINNING OF DELIVERY USD/MT TOTAL COMMISSION USD IN 12 MONTHS OR USD EACH MONTH. CONTRACT No CLIENT REFERENCE COMMODITY ORIGIN CONTRACT QTY CONTRACT PERIOD TERM DESTINATION SELLER’S NAME REPRESENTED BY BUYER’S NAME REPRESENTED BY PAYING COMPANY Company GROUP GLOBAL COMPANY Address Rua João Vilar da Cunha, 2554 – CEP 59077-070 – L. Nova – Natal/RN-Brasil Tel E-mail PAYER‘S BANK DETAIL Bank Name Bank Address Account Name Account No. IBAN Swift Code Page 1 of 5

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Page 1: Sample sfp adoc

Sub Fee Protection Agreement (SFPA)Contract No: .

In reference of the Grey Portland Cement, grade CONTRACT (Details as shown below)

GROUP GLOBAL COMPANY & INVESTMENT WILL PAY COMMISSION TO .

BY BEGINNING OF DELIVERY USD/MTTOTAL COMMISSION USD IN 12 MONTHS OR

USD EACH MONTH.

CONTRACT No CLIENT REFERENCECOMMODITYORIGINCONTRACT QTYCONTRACT PERIODTERMDESTINATIONSELLER’S NAMEREPRESENTED BYBUYER’S NAMEREPRESENTED BY

PAYING COMPANY

Company GROUP GLOBAL COMPANY Address Rua João Vilar da Cunha, 2554 – CEP 59077-070 –

L. Nova – Natal/RN-BrasilTelE-mail

PAYER‘S BANK DETAIL

Bank NameBank AddressAccount NameAccount No.IBANSwift CodeBank OfficerBank Tel/Fax

1. This sub-fee protection agreement (“SFPA”) is issued on behalf of the Payer (also known as the “Payer”: GROUP GLOBAL COMPANY represented by involved in the sale of the

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Sub Fee Protection Agreement (SFPA)Contract No: .

Commodity identified by the above Contract Number. Commission payment/s will be made after the delivery and payment for each shipment. The commission will be paid by the Intermediaries’ Beneficiary Paymaster to the intermediaries named in this SFPA for all contracted quantity including all extensions and rollovers on shipment by shipment basis as per the following proceeds:

1.1 Payable upon payment for each and every shipment, by SWIFT or similar wire transfer.

1.2 The payments will be made without protest, delay or deductions (other than normal bank wire transfer fees and a standard paymaster fee percentage).

1.3 The entitlement under this SFPA covers the entire transaction identified and defined herein including all extensions and rollovers.

1.4 All parties involved in this transaction herewith irrevocably agree that they do not assume any responsibility for the above named transaction and cannot be held liable for any reason associated with it. Nothing in this SFPA construes or creates a partnership or employee/employer relationship between the parties to it, and/or the buyer, and/or the seller.

1.5 This SFPA shall be valid, legally binding and enforceable even if any of the transaction codes are changed by the bank, and/or by any of the parties to this SFPA at any point during the transaction. However, the intermediaries listed in this SFPA shall be entitled to change their bank details at any time upon reasonable notice in writing.

1.6 All disputes arising regarding this SFPA shall be resolved by binding arbitration in United Kingdom or Italy.( Seller may change)

1.7 All parties involved in this transaction herby agree not to circumvent each other in this transaction, or in any transaction pending, or in any transaction in the future, whether directly or indirectly, for a period of five (5) years.

1.8 For the avoidance of doubt, the intermediaries named in this SFPA may assign the fees they receive under the relevant transaction, in part or in whole as may be their choice.

1.9 Electronic and/or faxed transmission of the signed SFPA shall be valid, legally binding and enforceable in respect of all its provisions.

2. I, the undersigned Payer, GROUP GLOBAL COMPANY represented by , do hereby irrevocably and unconditionally undertake to pay the commission specified in this SFPA in United States Dollars, in favor of the paymaster named herein.

The commission in this SFPA becomes payable only if the referenced transaction has successfully been concluded, and payment for the commodity has been made by the Buyer.

The responsibility of the undersigned Intermediaries’ Beneficiary Paymaster is limited to the transfer of the entitlement to the intermediaries, only and whenever the relevant commodity has been paid by the Buyer, and to the observance of the practices of the relevant contracts and NCNDA’s.

NB All transfers are subject to deduction of standard bank charges in relation to the transfer to the individual beneficiary account. This deduction will be to the account of the receiving beneficiary.

The parties agree that faxed and or e-mailed electronically signed and sealed copies of this fee protection agreement will be of full force and effect.

BUYER SIDE PAYMASTER COMMISSION: US$ per MT, ALLOCATED AS FOLLOWS:

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Sub Fee Protection Agreement (SFPA)Contract No: .

Name/ Company

Address

Phone/Fax:

E-Mail

Passport Number

Nationality

Telephone

Fax

e-mail

Account Name:

On Behalf of Beneficiaries:

Bank Name:

SWIFT:

IBAN:

Account Number:

Branch Bank Address:

Branch Bank Officer Name:

Branch Bank Officer Tel.:

Branch Bank Fax:

Signature

Date & Time

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Sub Fee Protection Agreement (SFPA)Contract No: .

EDT ( Electronic Document Transmissions )

EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any provisions of

this Contract.  As applicable, this agreement shall be:- Incorporate U.S. Public Law 106-229, ‘‘Electronic

Signatures in Global and National Commerce Act’’ or such other applicable law conforming to the UNCITRAL

Model Law on Electronic Signatures (2001) and ELECTRONIC COMMERCE AGREEMENT

(ECE/TRADE/257, Geneva, May 2000) adopted by the United Nations Centre for Trade Facilitation and

Electronic Business (UN/CEFACT).  EDT documents shall be subject to European Community Directive No.

95/46/EEC, as applicable.  Either Party may request hard copy of any document that has been previously

transmitted by electronic means provided however, that any such request shall in no manner delay the parties

from performing their respective obligations and duties under EDT instruments.

Place and date of issue: Natal, , 2012.

Signature

Group Global Company

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