# Executory Contract Agreement
**This Executory Contract Agreement (the "Agreement") is made and entered into as of [Date], by and between:**
**Party A:**
[Full Name or Company Name]
[Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
**Party B:**
[Full Name or Company Name]
[Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
**Recitals**
WHEREAS, Party A and Party B (collectively referred to as the "Parties") desire to enter into this Agreement to outline the terms and conditions under which certain obligations will be executed by the Parties;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:
## 1. Scope of Agreement
1.1 **Purpose**: The purpose of this Agreement is to establish an executory contract under which Party A shall provide [description of goods/services] to Party B, and Party B shall [description of obligations].
1.2 **Effective Date**: This Agreement shall become effective upon the date first written above.
## 2. Obligations of the Parties
2.1 **Obligations of Party A**:
Party A agrees to:
a. Deliver [description of goods/services] to Party B on or before [delivery date].
b. Ensure that all provided goods/services shall meet the specifications outlined herein.
2.2 **Obligations of Party B**:
Party B agrees to:
a. Pay Party A the sum of [total payment amount] in accordance with the payment schedule attached as Exhibit A.
b. Provide any necessary documentation or information required for the execution of this Agreement.
## 3. Payment Terms
3.1 **Payment Schedule**: Payments shall be made according to the following schedule:
- [Description of payment milestones, due dates, and amounts]
3.2 **Late Payment Penalties**: Any payment not received by the due date shall incur a late fee of [percentage]% per month until payment is made.
## 4. Term and Termination
4.1 **Term**: This Agreement shall commence on the effective date and shall continue until the completion of obligations as outlined herein.
4.2 **Termination**: Either Party may terminate this Agreement with written notice of [number of days] days if the other Party fails to perform any material obligation under this Agreement.
## 5. Confidentiality
5.1 **Confidential Information**: Each Party agrees to treat as confidential any and all information disclosed by the other Party that is designated as confidential.
5.2 **Non-Disclosure**: Neither Party shall disclose any confidential information to any third party without prior written consent from the other Party.
## 6. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [State].
## 7. Miscellaneous
7.1 **Entire Agreement**: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral.
7.2 **Amendments**: This Agreement may only be amended in writing and signed by both Parties.
7.3 **Severability**: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7.4 **Waiver**: The failure of either Party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
**IN WITNESS WHEREOF**, the Parties hereto have executed this Executory Contract Agreement as of the date first above written.
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**Party A**:
[Signature] ____________________
[Printed Name]
[Title] (if applicable)
[Date]
**Party B**:
[Signature] ____________________
[Printed Name]
[Title] (if applicable)
[Date]
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**Exhibit A: Payment Schedule**
[Detailed payment milestones, amounts, and due dates]