MEMORANDUM OF AGREEMENT

BETWEEN

ENTERPRISE DEVELOPMENT CENTRE, PAN-ATLANTIC UNIVERSITY

AND

For the implementation of the Business Development Service component

under the Transforming Nigeria Youths program.
THIS MEMORANDUM OF AGREEMENT (MOA) is made this 1st Day of December
2022

BETWEEN

ENTERPRISE DEVELOPMENT CENTRE, PAN-ATLANTIC UNIVERSITY, an

Incorporated Trustee registered in Nigeria under the Companies and Allied Matters
Act with its principal address at Km 22 Lekki-Epe Expressway, Ajah, Lagos, (hereinafter
referred to as “EDC” which expression shall where the context so admits include its
successors-in-title and permitted assigns) of the first part;

AND

(hereinafter referred to as “Beneficiary” which expression shall where the context so

admits include its successors-in-title and permitted assigns) of the second part.

EDC and ……………………………..are hereinafter referred to collectively as “the

Parties” and individually as “Party”.

WHEREAS:

1. EDC is the enterprise Centre of the Pan-Atlantic University and aims to provide
holistic business development and support services to small and medium scale
enterprises (SMEs) in Nigeria.

2. ………………………………..is a beneficiary under the Transforming Nigerian Youth

program qualified to move to the next phase having successfully passed the growth
plan submitted for marking.

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NOW THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATION

1.1 In this MOA, unless the context otherwise requires, the terms below shall have
the meanings set opposite them.

Day means calendar day.

Third Party means any individual or organization outside the parties

to this agreement.

Month means calendar month.

MOA means this Memorandum of Agreement between EDC

and Beneficiary
Project Transforming Nigerian Youths Project

BDS Business Development Service.

BDSP Business Development Service Providers

Beneficiaries Shall specifically be referred to people selected to benefit

from the service of the BDSP after meeting all the applied
criteria under the MasterCard Foundation – Transforming
Nigerian Youths Project

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 Access to Market Supporting the beneficiaries get their goods or services in
a marketable state and ensure they can sell either locally
or internationally.
Job Creation Building the business of the beneficiaries to either get
people employed under his or her company or engaged
as an employee after internship in an organization.
First Instance This shall mean engagement and pairing within a
duration of 4 Calendar month

Effective Date Effective date shall be the December 1, 2022.

1.2 Interpretation
The interpretation and construction of this MOA shall be subject to the following
provisions:

1.2.1 Words importing the singular meaning include where the context so
admits the plural meaning and vice versa;
1.2.2 Words importing the masculine include the feminine and the neuter.
1.2.3 References to any statute, enactment, order, regulation or other similar
instrument shall be construed as a reference to the statute, enactment,
order, regulation or instrument as amended by any subsequent
enactment, modification, order, regulation or instrument as subsequently
amended or re-enacted.
1.2.4 References to any person shall include natural persons and partnerships,
firms and other incorporated bodies and all other legal persons of
whatever kind and however constituted.
1.2.5 Headings are included in this MOA for ease of reference only and shall not
affect the interpretation or construction of this Agreement.

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2. PURPOSE
The purpose of this Memorandum of Agreement is to set out the terms governing the
strategic alliance between EDC and ……………………………………for the
implementation of a Business Development Service Support under the Transforming
Nigerian Youths project.

3. COMMENCEMENT AND DURATION

This Memorandum of Agreement shall commence on the effective date and shall
subsist in the first instance for a period of four months and may be renewable for
another term subject to the fulfillment of the terms and conditions stated herein.

4. THE ENGAGEMENT
4.1 EDC hereby expresses its intention to engage a BDSP, for the full
implementation of the Business Development Support for beneficiaries under the
TNY Project for the beneficiary.

4.2 EDC engages the BDSP to provide the various stages of support services to the
selected beneficiaries in line with the Transforming Nigerian Youths project.

4.3 The parties agree that with effect from the date of execution of this MOA, the
parties shall abide by all written terms and conditions regarding engagement.

5 EDC’S RESPONSIBILITIES
5.1 EDC shall pair the beneficiary with a BDSP to carry out all the business
development service
5.2 EDC shall provide a contact person in charge of this project whose written
instructions will be taken as a representation of EDC’s directive and who shall be
part of the 4months engagement process.

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 5.3 EDC shall ensure the integration of all the meetings and services on the portal
for assessment and progress tracking.
5.4 To carry out periodic check and review of the BDSP engagement with the
beneficiary.
5.5 To hold a monthly meeting with the beneficiary and ascertain the progress and
have a general review of the engagement.

5.6 To withdraw any beneficiary who violates the rules of engagement.

5.7 To ensure the beneficiaries get their qualified and earned incentives on the
project as assessed by their assigned BDSPs. The incentives shall be given in
the following category with a specific designated consultant and a beneficiary
expected to request for ONLY one of them as categorized below:

a. Business name registration and logo design only

b. Website creation, hosting, and logo design only
c. Trademark registration Only
d. Limited Liability registration Only
e. Website Only
f. Logo Only.

6 Beneficiaries ’s RESPONSIBILITIES

6.1 In line with the terms and conditions of this MOA, the Beneficiary shall commit to
being available either online or physical depending on the mode of meeting as
agreed by the BDSP in line with the terms of the contract.
6.2 To cooperate with the assigned BDSP on all support services offered during the
for 4 months’ period. The offering of actionable business advisory services shall
be either or a combination of zoom, skype, WhatsApp and telephone
engagement and physical visits where necessary.

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 6.3 To ensure that you make available all information necessary for the support
services to the BDSP for an ease of engagement.
6.4 Not to abuse or insult or involve in any physical fight or any form of violence
attach on the BDSP
6.5 To attend all the monthly review meetings as and when scheduled
6.6 To ensure a sign off on all the deliverables by the BDSP during the final report.
6.7 To ensure that it meets all criteria for incentives and approved by assigned
BDSPs.
6.8 In the stage of interventions like business registration, website creation and logo
designs, to ensure that you work with the BDSP assigned to you to decide on
the ones applicable for your business and ensure all requests for the
intervention are made through the BDSP

6.9 Shall not engage in any business relationship with the BDSP without prior
knowledge or approval from EDC

6.10 Shall not use the logo of EDC or MasterCard without any written approval
from EDC.
6.11 Ensure full compliance in line with the contract

7 BINDING EFFECT
The parties agree that as from the commencement date and throughout its duration,
this MOA shall be binding and enforceable by each party.

8 TERMINATION
8.1 Either party may terminate this MOA by giving the other party not less than Two
(2) weeks written notice of its intention to do so.

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9 CONFIDENTIALITY
9.1 The Parties by the nature of this MOA may have access to information that is
confidential to one another. The parties agree to maintain the confidentiality of
the confidential information and to protect as a trade secret any portion of the
other party’s confidential information by using all reasonable efforts to prevent
any unauthorized copying, use, distribution, installation or transfer of possession
of such information.

9.2 No public announcement or press release in connection with the subject matter
of this MOA shall be made or issued by or on behalf of any of the Parties
without the prior consent of the other Party except as maybe required by law.

10 ASSIGNMENT OF RIGHTS AND OBLIGATIONS

Neither Party shall be entitled to assign this MOA and any of its rights and
obligations hereunder to any third party without the other Party’s prior written
consent, which consent shall not be unreasonably withheld or delayed. As a
condition for its validity, the party seeking to affect such assignment shall:

11 FORCE MAJEURE
Neither party shall be considered in breach of its obligations under this Agreement
or be responsible for any delay in carrying out its obligations, if performance is
prevented or delayed wholly or in part as a (direct or indirect) consequence of force
majeure. Force majeure means any circumstance beyond the reasonable control of
either party including but not limited to acts of war (whether war be declared or not),
pandemic, emergency, strike, rebellion, insurrection, government sanctions,
accident, internet and communication link failure, power failure, fire, earthquake,
flood, storm, tornadoes, hurricane, or any other act of God or any technical failure
caused by devices, matters or materials. If the performance of either party’s
obligations under this Agreement is in its opinion likely to be hindered, delayed or
affected by reason of a force Majeure event, then the party shall promptly notify the

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 other party of the circumstance in writing and use its best endeavor to abate the
delay where practicable.

12 DISPUTE RESOLUTION
12.1Negotiated Settlement and Mediation
In the event of any dispute the Parties shall seek to resolve any such dispute
amicably between themselves or through a negotiated settlement and in the event
of their inability to resolve the dispute as aforesaid the parties shall explore a
mediated settlement with both Parties appointing one (1) Mediator who shall act as
a catalyst for resolution.

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IN WITNESS WHEREOF the parties hereto have executed this MOA the day and year
first above written.

---------------------------
BENEFICIERY
DATE:

__________________________
AUTHORIZED SIGNATORY EDC
DATE:

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