BROKERAGE SALES Sample Clauses

BROKERAGE SALES. The yard facilities may not be used for solicitation, advertising, or any other business purposes, except by the yard or its permittees. The boat owner agrees that the yard does not assume any liability associated with outside brokers, prospective buyers or other interested persons boarding boats at its facilities, where the yard has no reasonable way to identify such persons or to determine the scope of their authorization or to prevent damage or losses to the boarded boats or to those boats nearby as a result of such activities. If the boat owner desires, the yard will make said listing available to other yacht brokers and show such boat to the yacht broker’s prospective buyer with the understanding that if the boat is sold by another broker, the yard will participate in the brokerage commission to the extent that is customary in the trade. PAYMENT- All invoices under this agreement shall be due and payable at the time rendered. Full payment of all Xxxxxx Marine invoices is required before the boat is launched or allowed to leave the yard. The yard reserves the right and shall have the power to retain possession and control of the boat, its engines, equipment and appurtenances, without process of law until all invoices are paid. The boat owner and yard agree and stipulate that if the boat leaves the yard’s facilities with or without the yard’s consent prior to full payment of all amounts currently due from time to time, the yard shall not lose any of its rights to payment, to any liens under State or Federal (including Federal maritime) laws against the boat, etc., or to regain possession (with or without process of law) and to hold it again thereafter until paid in full. No release of possession of the boat by the yard shall be construed as or operate to create a waiver or surrender of any rights or remedies hereunder by the yard. The boat owner further covenants and agrees that a service charge shall be payable on any and all balances due 30 days or longer, at the rate of 1.5% per month (18% per year) on outstanding balances. DISPUTE RESOLUTION- The boat owner acknowledges that the withholding of payment shall not be an acceptable form of dispute resolution. In the event that the boat owner and the yard are unable to agree on the amount due for work performed or services rendered, such disagreement shall be settled as follows: Any complaint about the quality, adequacy or totality of work performed shall obligate the yard to nothing more than the correc...
AutoNDA by SimpleDocs
BROKERAGE SALES. The yard facilities may not be used for solicitation, advertising, or any other business purposes, except by the yard or its permittees. The boat owner agrees that the yard does not assume any liability associated with outside brokers, prospective buyers or other interested persons boarding boats at its facilities, where the yard has no reasonable way to identify such persons or to determine the scope of their authorization or to prevent damage or losses to the boarded boats or to those boats nearby as a result of such activities. If the boat owner desires, the yard will make said listing available to other yacht brokers and show such boat to the yacht broker’s prospective buyer with the understanding that if the boat is sold by another broker, the yard will participate in the brokerage commission to the extent that is customary in the trade.

Related to BROKERAGE SALES

  • Brokerage Fee Seller agrees to sell the above described Property on the terms and conditions stated in the foregoing Contract, and does hereby approve, ratify and confirm such Contract in all respects. Further, Seller acknowledges the employment of KIRE as the real estate broker in this transaction and agrees to pay said broker a fee under a previously executed listing agreement. The said brokerage fee is to be paid at the Closing of this transaction and shall be deducted from the Downpayment herein before described and disbursed from KIRE’s escrow account at Closing. If there is not a sufficient Downpayment deposited to cover the brokerage fee, the balance shall be disbursed by cashier's check or wire transfer at the time of Closing. Purchaser and Seller do hereby release, acquit, and forever discharge KIRE, its agents, servants, representatives, heirs, administrators, successors and assigns, of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, on account of, or in any way growing out of any and all known and unknown injuries and damages of whatsoever nature, whether past, present or future, and the results of such injuries and damages, incurred in connection with, occasioned by or resulting from the execution, delivery and closing of the transaction contemplated in this Contract.

  • Brokerage In connection with the services provided under subparagraph (b) of paragraph 1 of this Agreement, the Sub-Advisor shall place all orders for the purchase and sale of portfolio securities for the Portfolio's account with brokers or dealers selected by the Sub-Advisor, which may include brokers or dealers affiliated with the Advisor or Sub-Advisor. The Sub-Advisor shall use its best efforts to seek to execute portfolio transactions at prices which are advantageous to the Portfolio and at commission rates which are reasonable in relation to the benefits received. In selecting brokers or dealers qualified to execute a particular transaction, brokers or dealers may be selected who also provide brokerage and research services (as those terms are defined in Section 28(e) of the Securities Exchange Act of 1934) to the Portfolio and/or to the other accounts over which the Sub-Advisor or Advisor exercise investment discretion. The Sub-Advisor is authorized to pay a broker or dealer who provides such brokerage and research services a commission for executing a portfolio transaction for the Portfolio which is in excess of the amount of commission another broker or dealer would have charged for effecting that transaction if the Sub-Advisor determines in good faith that such amount of commission is reasonable in relation to the value of the brokerage and research services provided by such broker or dealer. This determination may be viewed in terms of either that particular transaction or the overall responsibilities which the Sub-Advisor has with respect to accounts over which it exercises investment discretion. The Trustees of the Trust shall periodically review the commissions paid by the Portfolio to determine if the commissions paid over representative periods of time were reasonable in relation to the benefits to the Portfolio.

  • Brokerage Services The following additional tasks will be performed by Xxxxxx: 194 195 196

  • Brokerage Fees Except as described on Section 5.13 of the Acquiror Disclosure Letter, no broker, finder, investment banker or other Person is entitled to any brokerage fee, finders’ fee or other commission in connection with the transactions contemplated by the Merger Agreement based upon arrangements made by such Sponsor, for which Acquiror or any of its Affiliates may become liable.

  • Brokerage Commissions All brokers' commissions and other charges incident to the purchase, sale or lending of the Fund 's portfolio securities.

  • Excess Brokerage Commissions The Adviser is hereby authorized, to the fullest extent now or hereafter permitted by law, to cause the Corporation to pay a member of a national securities exchange, broker or dealer an amount of commission for effecting a securities transaction in excess of the amount of commission another member of such exchange, broker or dealer would have charged for effecting that transaction, if the Adviser determines in good faith, taking into account such factors as price (including the applicable brokerage commission or dealer spread), size of order, difficulty of execution, and operational facilities of the firm and the firm’s risk and skill in positioning blocks of securities, that such amount of commission is reasonable in relation to the value of the brokerage and/or research services provided by such member, broker or dealer, viewed in terms of either that particular transaction or its overall responsibilities with respect to the Corporation’s portfolio, and constitutes the best net results for the Corporation.

  • Brokerage Commission Contributor has not engaged the services of, nor has it or will it or Acquirer become liable to, any real estate agent, broker, finder or any other person or entity for any brokerage or finder's fee, commission or other amount with respect to the transactions described herein on account of any action by Contributor. Contributor hereby agrees to indemnify and hold Acquirer and its employees, directors, members, partners, affiliates and agents harmless against any claims, liabilities, damages or expenses arising out of a breach of the foregoing. This indemnification shall survive Closing or any termination of this Agreement.

  • Brokerage Fees and Commissions The Seller has not incurred any obligation or entered into any agreement for any investment banking, brokerage, or finder's fee or commission in respect of the transactions contemplated by this Agreement for which Buyer or the Company will incur any liability.

  • Broker Each Note Holder represents to each other that no broker was responsible for bringing about this transaction.

  • Finder There is no firm, corporation, agency or other entity or person that is entitled to a finder's fee or any type of brokerage commission in relation to or in connection with the transactions contemplated by this Agreement as a result of any agreement or understanding with Seller or any of its directors, officers, employees or shareholders.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!