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August Brown Terms & Conditions
1. Data Room
August Brown will set up a remotely accessible online Data Room for exchange of information. Client is responsible for populating the Data Room, which will include but is not limited to facility information, design and construction documents, financial statements and management information. The detailed list of required documents and information will be provided upon commencement of the engagement.
2. Reimbursable Expenses
Expenses not included in the total project cost, such as travel, reasonable out-of-pocket expenses, and third-party data sources, will be billed as reimbursable expenses.
3. Standard Travel Policy
Travel and Incidentals are billed per our Standard Travel Policy as follows: Site visits are billed at a rate of $800 per consultant per day for domestic travel. Travel days with no client-facing work are billed at $400 per day. Lodging, air and ground transportation are reimbursed at actual cost plus 15% to cover administrative overhead. Copies of reimbursable expense receipts will be provided. August Brown aligns with federal GSA per diem guidelines for meals and all incidentals where applicable and will apply a flat $79 per diem charge.
For international or complex travel requiring significant transit time, remote access, or added administrative burden, an additional surcharge of 15–30% may apply. Consultants with international flights exceeding 6 hours are eligible for premium economy or business class fares.
4. Intellectual Property
• Ownership: August Brown retains all right, title, and interest in and to the Feasibility Report and all related intellectual property rights. Client retains all right, title, and interest in and to Client Confidential Information and materials.
• License to Client: August Brown grants Client a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and internally distribute the Feasibility Report for Client’s internal business purposes, and to disclose the Feasibility Report to Client’s affiliates and professional advisors, including prospective investors and lenders under written obligations of confidentiality.
• No External Publication / Reliance: Client will not publish the Feasibility Report or permit third parties to rely on it without August Brown’s prior written consent.
“Client Confidential Information” means any non-public information disclosed or made available by or on behalf of Client to August Brown, whether in oral, written, visual, electronic, or other form, that (a) is designated as confidential or proprietary, or (b) a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Client Confidential Information includes, without limitation: business plans; strategies; product plans and roadmaps; financial information; pricing; budgets; forecasts; customer, prospect, and supplier information; contracts; marketing plans; operations; employee information; technical data; designs; specifications; software, source code, architecture; security information; and any analyses, notes, compilations, studies, or other materials derived from any of the foregoing.
Client Confidential Information does not include information that August Brown can demonstrate by contemporaneous written records:
(i) is or becomes publicly available through no breach of this Agreement;
(ii) was lawfully known to August Brown before Client’s disclosure;
(iii) is received from a third party without breach of any obligation to Client; or (iv) is independently developed by August Brown without use of Client Confidential Information.
5. Limitation of Liability
The total liability of August Brown, its affiliates, officers, employees, or agents, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the services provided under this Agreement shall be limited to the total amount paid by the Client for the specific report giving rise to such liability. In no event shall August Brown be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, or loss of data, even if advised of the possibility of such damages.
The Client agrees to indemnify, defend, and hold harmless August Brown and its officers, directors, employees, agents, and subcontractors from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs of defense, arising out of or relating to:
• The Client’s use or reliance on the technical report or services provided under this Agreement for any purpose other than that for which it was intended;
• any breach by the Client of its obligations under this Agreement; or
• any negligent or unlawful acts or omissions by the Client, its employees, or agents.
This indemnity shall survive the termination or expiration of this Agreement.
6. Late Payments
Client shall have a thirty (30)-day grace period following the invoice due date to make payment without penalty. Any invoice remaining unpaid after this thirty (30)-day grace period shall accrue a late payment penalty of three percent (3%) per month (36% per annum) on the outstanding balance, calculated from the thirty-first (31st) day after the due date until paid in full. Client shall also be responsible for all collection costs, attorney fees, and other remedies incurred by August Brown in efforts to collect unpaid balances.
7. Legal and Collection Provisions.
• Governing Law and Jurisdiction: This agreement is governed by the laws of Wisconsin, without reference to its conflict of law principles. Any disputes will be resolved exclusively in the courts of Milwaukee County.
• Collection Expense: The Client will bear any costs incurred by August Brown in efforts to collect unpaid balances, including attorney fees, court costs, and collection agency fees.
• Lien Rights: In the event of non-payment, August Brown reserves the right to file a lien against the Client’s property or assets as allowed by law.
8. Independent Contractor
August Brown is considered to be an independent contractor for purposes of this relationship and is not an agent, member, partner, joint venture, co-owner, or employee of Client for any purpose.
9. General
This Agreement constitutes the agreement between the parties with regard to its subject matter and supersedes all prior or contemporaneous agreements, negotiations, discussions, representations or proposals, whether written or oral. This agreement may be executed in counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same document. Facsimile and electronic signatures shall be deemed to be originals for all purposes. This agreement may only be amended in writing signed by the parties below.
By digitally signing this proposal, the Client acknowledges understanding and agreement to these terms and conditions, including August Brown’s right to enforce payment through legal action or lien filing as necessary.
August Brown Statement Of Qualifications
August Brown is a boutique technology-focused management consulting and advisory firm with a specialization in feasibility studies. The team is made up of engineers, scientists, and business professionals, including marketers and financial experts. We pride ourselves on the quality of our work, in-depth analysis, and unbiased opinion. Projects are completed with speed and with accuracy to enable our clients to focus on the bigger picture of the deal.
The majority of our feasibility studies are conducted at the request of or on behalf of various commercial banks and alternative lenders. Whether performing a standard USDA B&I Feasibility Assessment, Food Supply Chain Loan Guarantee Program, Community Facilities Program, Meat & Poultry Processing Expansion Program, a Feasibility Study Review for a new market tax credit transaction, a Monte Carlo Simulation analysis for an international organization, or a business case analysis for a startup company seeking to raise capital, August Brown provides the analyses clients need to pursue a range of ambitions.
In addition to feasibility studies, August Brown also provides other independent assessments aimed at supporting business growth, innovation, and sustainability, such as:
• Business and Marketing Plans
• Economic Best Use Analysis and Business Forecasting
• Underwriting Services
• Business and Intangible Asset Valuations
• Intellectual property (IP) Assessments
• Capacity Utilization Optimization and Analysis
• Sustainability Impact Assessments
August Brown’s team has accrued hands-on and technical expertise in a variety of industries including food and beverage, chemical processing, water treatment, green materials and recycling, energy generation, distribution and storage, hospitality, information technology, education, and commercial real estate.
A list of representative clients projects is as follows:
• 02/2025: Timber Expansion Program, sawmill feasibility study analysis, MS
• 01/2025: Adult Daycare, Bond financing feasibility analysis, MA
• 12/2024: USA InvestCo & Company, EB-5 financing, sea port development in Savanah, GA
• 06/2024: COnovate, battery technology commercialization strategy and manufacturing strategy development plan
• 05/2024: Native American Tribe, competitive bid, septic tank system evaluation and establishment
• 04/2024: Waste-to-Energy digester through a materials recycling facility New York
• 06/2023: Precision Manufacturer, USDA Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (9003) feasibility study for the production of egg- white protein products
• 01/2023: Texas Distillery, USDA Business and Industry feasibility study to support the establishment of a new whiskey distillery and distribution business
• 08/2023: Stanley Film Center, USDA business and industry feasibility study for the hotel and hospitality industry
• 05/2022: Resource Group, USDA Business and Industry feasibility study to support the growth of sustainable composting and plant media business
• 02/2022: Bonumose, USDA Food Supply Chain Loan Program feasibility study for a sugar substitute manufacturer
• 03/2022: Field to Freezer, USDA grant application to support technology development and deployment
• 06/2022: TLPLR NC Greenhouse, feasibility study for a sustainable hydroponic strawberry growing facility
• 06/2022: COPILOT TRAVEL, feasibility study for an online web platform to expand travel sales for companies outside of the travel industry.
• 04/2022: California Custom Processing, feasibility study for US Food Supply Chain Guaranteed Loan Program to expand almond processing capacity
• 03/2020: Lucid Technologies, development of the business plan and feasibility study for a real-time reviews app