BROKER PROVISIONS AND COMMISSION Sample Clauses

BROKER PROVISIONS AND COMMISSION. Landlord shall pay a commission to XXXXX AND XXXXX, INC. ("Landlord's Agent") in the amount stated in a separate listing agreement or, if there is no listing agreement, then (check one) ý $ /FIVE (5)% (complete only one) of the gross rent payable pursuant to Section 1(d) or o $ per square foot of the Premises. The commission shall be earned upon occupancy of the Premises by Tenant, and paid one half upon execution of this Lease and one-half SHALL BE PAID TO TENANT'S BROKER. UPON OCCUPANCY OF THE PREMISES BY TENANT. LANDLORD'S AGENT SHALL PAY TO ("TENANT'S BROKER") THE AMOUNT STATED IN A SEPARATE AGREEMENT BETWEEN THEM OR, IF THERE IS NO AGREEMENT, $ / % (COMPLETE ONLY ONE) OF THE COMMISSION PAID TO LANDLORD'S AGENT, WITHIN FIVE (5) DAYS AFTER RECEIPT BY LANDLORD'S AGENT. THE PREMISES, DESCRIBED IN THE ATTACHED EXHIBIT A ARE COMMERCIAL REAL ESTATE. LANDLORD SHALL PAY TO LANDLORD'S AGENT AN ADDITIONAL COMMISSION UPON THE EXERCISE BY TENANT OF ANY OPTION TO EXTEND THE TERM ACCORDING TO ANY COMMISSION AGREEMENT OR, IN THE ABSENCE OF ONE, ACCORDING TO LANDLORD'S AGENT'S COMMISSION SCHEDULE IN EFFECT AS OF THE EXECUTION OF THIS LEASE. IF LANDLORD'S AGENT IS THE PROCURING CAUSE OF ANY OTHER LEASE OR SALE ENTERED INTO BETWEEN LANDLORD AND TENANT CONCERNING THE PREMISES, LANDLORD SHALL PAY A COMMISSION IN THE AMOUNT SET FORTH IN LANDLORD'S AGENT'S COMMISSION SCHEDULE IN EFFECT AS OF THE EXECUTION OF THIS LEASE. LANDLORD'S SUCCESSOR SHALL BE OBLIGATED TO PAY ANY UNPAID COMMISSIONS UPON ANY TRANSFER OF THIS LEASE AND ANY SUCH TRANSFER SHALL NOT RELEASE THE TRANSFEROR FROM LIABILITY TO PAY SUCH COMMISSIONS. IF LANDLORD'S AGENT IS REQUIRED TO EMPLOY AN ATTORNEY TO ENFORCE OR DECLARE ITS RIGHTS UNDER THIS SECTION, THE PREVAILING PARTY IN ANY SUCH ACTION SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS' FEES, IN AN AMOUNT DETERMINED BY THE COURT. NEITHER LANDLORD'S AGENT NOR TENANT'S LICENSEE ARE RECEIVING COMPENSATION FROM MORE THAN ONE PARTY TO THIS TRANSACTION UNLESS OTHERWISE DISCLOSED ON AN ATTACHED ADDENDUM, IN WHICH CASE LANDLORD AND TENANT CONSENT TO SUCH COMPENSATION. LANDLORD'S AGENT AND TENANT'S LICENSEE HAVE MADE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE PREMISES, THE MEANING OF THE TERMS AND CONDITIONS OF THIS LEASE, LANDLORD'S OR TENANT'S FINANCIAL STANDING, ZONING, COMPLIANCE OF THE PREMISES WITH APPLICABLE LAWS, SERVICE OR CAPACITY OF UTILITIES, OPERATING EXPENSES, OR HAZARDOUS MATERIALS. LANDLORD AND TENANT ARE EACH ADVISED TO SEEK INDEPENDENT...
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Related to BROKER PROVISIONS AND COMMISSION

  • Continuing Provisions of the Agreement Except as otherwise specifically set forth in this Amendment, all other terms of the Agreement shall remain unchanged and continue in full force and effect.

  • General Provisions Applicable to Loans 49 5.1 Fees............................................................. 49 5.2 Interest Rates and Payment Dates................................. 50 5.3

  • Severability of Provisions; Captions; Attachments Any provision of this Agreement that shall be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. The several captions to sections and subsections herein are inserted for convenience only and shall be ignored in interpreting the provisions of this Agreement. Each schedule or exhibit attached to this Agreement shall be incorporated herein and shall be deemed to be a part hereof.

  • Anti-takeover Provisions and Rights Plan The Board of Directors of the Company (the “Board of Directors”) has taken all necessary action to ensure that the transactions contemplated by this Agreement and the consummation of the transactions contemplated hereby will be exempt from any anti-takeover or similar provisions of the Company’s Charter and bylaws, and any other provisions of any applicable “moratorium”, “control share”, “fair price”, “interested stockholder” or other anti-takeover laws and regulations of any jurisdiction.

  • Application of Takeover Protections; Rights Agreements The Company and the Board of Directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, business combination, poison pill (including any distribution under a rights agreement) or other similar anti-takeover provision under the Company’s charter documents or the laws of its state of incorporation that is or could reasonably be expected to become applicable to any of the Purchasers as a result of the Purchasers and the Company fulfilling their obligations or exercising their rights under the Transaction Documents, including, without limitation, the Company’s issuance of the Securities and the Purchasers’ ownership of the Securities.

  • Provisions Applicable to All Transfers and Exchanges (i) Subject to this Section 2.10, Physical Notes and beneficial interests in Global Notes may be transferred or exchanged from time to time and the Registrar will record each such transfer or exchange in the Register.

  • Application of Takeover Protections; Rights Agreement The Company and its board of directors have taken all necessary action, if any, in order to render inapplicable any control share acquisition, interested stockholder, business combination, poison pill (including, without limitation, any distribution under a rights agreement), stockholder rights plan or other similar anti-takeover provision under the Certificate of Incorporation, Bylaws or other organizational documents or the laws of the jurisdiction of its incorporation or otherwise which is or could become applicable to any Buyer as a result of the transactions contemplated by this Agreement, including, without limitation, the Company’s issuance of the Securities and any Buyer’s ownership of the Securities. The Company and its board of directors have taken all necessary action, if any, in order to render inapplicable any stockholder rights plan or similar arrangement relating to accumulations of beneficial ownership of shares of Common Stock or a change in control of the Company or any of its Subsidiaries.

  • Holders and Owners as Parties; Binding Effect The holders and Owners of Receipts from time to time shall be parties to this Deposit Agreement and shall be bound by all of the terms and conditions hereof and of the Receipts by acceptance thereof.

  • Invalid Provisions to Affect No Others If fulfillment of any provision hereof, or any transaction related thereto at the time performance of any such provision shall be due, shall involve transcending the limit of validity prescribed by law, then, ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and such clause or provision shall be deemed invalid as though not herein contained, and the remainder of this Agreement shall remain operative in full force and effect.

  • Provisions in Conflict with Law or Regulations (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code or with other applicable laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.

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