BROKER’S COMPENSATION. a. Subject to the limitations specified herein, upon the acceptance and enrollment of a Broker Party into a CARExpress program, Broker shall be entitled to receive compensation in the amounts designated on the payment schedule attached hereto as EXHIBIT B (the "Payment Schedule"). Notwithstanding the foregoing, Broker shall not be entitled to receive any compensation from CARExpress unless and until (i) Broker has provided written notice to CARExpress which identifies the particular person, entity, group account or marketing sponsor claimed by Broker as being a Broker Party (such notice referred to herein as the "Broker Party Identification Notice"); and (ii) CARExpress has received all information requested on the Membership Form from an identified Broker Party and CARExpress has received the applicable Membership Payment from such Broker Party; and (iii) CARExpress has approved the applicant Broker Party for membership in the applicable CARExpress program. As a condition to CARExpress's obligation to compensate Broker, Broker must provide CARExpress with the applicable Broker Party Identification Notice on or before the expiration of thirty (30) days following the date on which the Broker Party submits his/her/its Membership information and Membership Payment to CARExpress. Broker's failure to timely submit the applicable Broker Party Identification Notice shall void CARExpress's obligation to compensate Broker for the applicable Broker Party's acceptance and enrollment into a CARExpress program as well as any renewals of such Broker Party's membership. b. Compensation which is payable to Broker pursuant to this Agreement shall be paid weekly, in arrears, on Friday of each week. A payment representing the compensation owed by CARExpress to Broker for the previous week shall be wired to Broker at the account specified by Broker. It shall be Broker's sole responsibility for notifying CARExpress of any change of address.
Appears in 3 contracts
Samples: Broker Agreement (National Health Partners Inc), Broker Agreement (National Health Partners Inc), Broker Agreement (National Health Partners Inc)
BROKER’S COMPENSATION. a. Subject to the limitations specified herein, upon the acceptance and enrollment of a Broker Party into a CARExpress program, Broker shall be entitled to receive compensation in the amounts designated on the payment schedule attached hereto as EXHIBIT B (the "Payment Schedule"). Notwithstanding the foregoing, Broker shall not be entitled to receive any compensation from CARExpress unless and until (i) Broker has provided written notice to CARExpress which identifies the particular person, entity, group account or marketing sponsor claimed by Broker as being a Broker Party (such notice referred to herein as the "Broker Party Identification Notice"); and (ii) CARExpress has received all information requested on the Membership Form from an identified Broker Party and CARExpress has received the applicable Membership Payment from such Broker Party; and (iii) CARExpress has approved the applicant Broker Party for membership in the applicable CARExpress program. As a condition to CARExpress's obligation to compensate Broker, Broker must provide CARExpress with the applicable Broker Party Identification Notice on or before the expiration of thirty (30) days following the date on which the Broker Party submits his/her/its Membership information and Membership Payment to CARExpress. Broker's failure to timely submit the applicable Broker Party Identification Notice shall void CARExpress's obligation to compensate Broker for the applicable Broker Party's acceptance and enrollment into a CARExpress program as well as any renewals of such Broker Party's membership.
b. Compensation which is payable to Broker pursuant to this Agreement shall be paid weekly, in arrears, on Friday of each weekor before the following Friday. A payment representing the compensation owed by CARExpress to Broker for the previous week shall Payment will be wired to Broker at the account specified by Brokerthrough wire transfer, ACH or written check as mutually agreed. It shall be Broker's sole responsibility for notifying CARExpress of any change of address, wiring information and or account numbers.
Appears in 3 contracts
Samples: Broker Agreement (National Health Partners Inc), Broker Agreement (National Health Partners Inc), Broker Agreement (National Health Partners Inc)
BROKER’S COMPENSATION. Owner agrees to pay to Broker a leasing commission of % of one full month’s rent in any of the following events:
a. Subject The lease of the Property during the term of this Agreement, whether procured by Broker, Owner, or a third person;
b. The lease of the Property, within days after the Expiration Date or termination of this Agreement, to anyone to whom Broker or any cooperating Broker has shown the Property, or with whom the Broker or any cooperating Broker has negotiated concerning the Property (“Prospective Tenants”) prior to the limitations specified hereinExpiration Date or termination of this Agreement. Provided, upon the acceptance and enrollment of a Broker Party into a CARExpress programhowever, Broker shall be entitled deliver to receive compensation Owner a list in writing of the amounts designated name or names of such Prospective Tenants on the payment schedule attached hereto Expiration Date, or within ten (10) days of the notice of termination. If Owner enters into an exclusive listing agreement with another licensed real estate broker with respect to the Property, Owner agrees to exclude the “Prospective Tenant” from any such other exclusive listing agreement for and during the period stated herein;
c. If Owner refuses to lease after Broker procures a Tenant who is ready, willing, and able to lease the Property, at the price and on the terms set forth herein, or at such other price and terms as EXHIBIT B shall be acceptable to Owner;
d. In the event the Lease is conditioned upon an option to purchase the Property and such option is exercised, Owner shall pay the Broker a sales commission equal to % of the sales price;
e. In the event the described Property is sold or exchanged during the term of this Agreement, whether procured by Broker, Owner, or a third person to anyone to whom Broker or any cooperating Broker has shown the Property, or with whom the Broker or any cooperating Broker has negotiated concerning the Property (“Prospective Tenants/Tenant”) prior to the "Payment Schedule")Expiration Date or termination of this Agreement, Owner agrees to pay Broker a sales commission of % of the sales price. Notwithstanding the foregoingProvided, however, Broker shall not be entitled deliver to receive any compensation from CARExpress unless and until (i) Broker has provided written Owner a notice to CARExpress which identifies in writing containing a list of the particular person, entity, group account name or marketing sponsor claimed by Broker as being a Broker Party (names of such notice referred to herein as the "Broker Party Identification Notice"); and (ii) CARExpress has received all information requested Prospective Tenant/ Tenants on the Membership Form from an identified Broker Party and CARExpress has received the applicable Membership Payment from such Broker Party; and Expiration Date, or within ten (iii) CARExpress has approved the applicant Broker Party for membership in the applicable CARExpress program. As a condition to CARExpress's obligation to compensate Broker, Broker must provide CARExpress with the applicable Broker Party Identification Notice on or before the expiration of thirty (3010) days following of the date on which notice of termination. If Owner enters into an exclusive listing agreement with another licensed real estate broker with respect to the Broker Party submits his/her/its Membership information Property, Owner agrees to exclude the “Prospective Tenant/ Tenants” from any such other exclusive listing agreement for and Membership Payment to CARExpress. Broker's failure to timely submit during the applicable Broker Party Identification Notice shall void CARExpress's obligation to compensate Broker for the applicable Broker Party's acceptance and enrollment into a CARExpress program as well as any renewals of such Broker Party's membershipperiod stated herein.
b. Compensation which is payable to Broker pursuant to this Agreement shall be paid weekly, in arrears, on Friday of each week. A payment representing the compensation owed by CARExpress to Broker for the previous week shall be wired to Broker at the account specified by Broker. It shall be Broker's sole responsibility for notifying CARExpress of any change of address.
Appears in 2 contracts
Samples: Residential Listing Agreement, Residential Listing – Exclusive Right to Lease
BROKER’S COMPENSATION. Owner agrees to pay to Broker a leasing commission of % of one full month’s rent in any of the following events:
a. Subject The lease of the Property during the term of this Agreement, whether procured by Xxxxxx, Owner, or a third person;
b. The lease of the Property, within days after the Expiration Date or termination of this Agreement, to anyone to whom Broker or any cooperating Broker has shown the Property, or with whom the Broker or any cooperating Broker has negotiated concerning the Property (“Prospective Tenants”) prior to the limitations specified Expiration Date or termination of this Agreement. Provided, however, Xxxxxx shall deliver to Owner a list in writing of the name or names of such Prospective Tenants on the Expiration Date, or within ten (10) days of the notice of termination. If Owner enters into an exclusive listing agreement with another licensed real estate broker with respect to the Property, Owner agrees to exclude the “Prospective Tenant” from any such other exclusive listing agreement for and during the period stated herein;
c. If Owner refuses to lease after Xxxxxx procures a Tenant who is ready, willing, and able to lease the Property, at the price and on the terms set forth herein, upon the acceptance or at such other price and enrollment of a Broker Party into a CARExpress program, Broker terms as shall be entitled acceptable to receive compensation Owner;
d. In the event the Lease is conditioned upon an option to purchase the Property and such option is exercised, Owner shall pay the Broker a sales commission equal to % of the sales price;
e. In the event the described Property is sold or exchanged during the term of this Agreement, whether procured by Xxxxxx, Owner, or a third person to anyone to whom Broker or any cooperating Broker has shown the Property, or with whom the Broker or any cooperating Broker has negotiated concerning the Property (“Prospective Tenants/Tenant”) prior to the Expiration Date or termination of this Agreement, Owner agrees to pay Broker a sales commission of % of the sales price. Provided, however, Xxxxxx shall deliver to Owner a notice in writing containing a list of the amounts designated name or names of such Prospective Tenant/ Tenants on the payment schedule attached hereto as EXHIBIT B Expiration Date, or within ten (the "Payment Schedule"). Notwithstanding the foregoing, Broker shall not be entitled to receive any compensation from CARExpress unless and until (i) Broker has provided written notice to CARExpress which identifies the particular person, entity, group account or marketing sponsor claimed by Broker as being a Broker Party (such notice referred to herein as the "Broker Party Identification Notice"); and (ii) CARExpress has received all information requested on the Membership Form from an identified Broker Party and CARExpress has received the applicable Membership Payment from such Broker Party; and (iii) CARExpress has approved the applicant Broker Party for membership in the applicable CARExpress program. As a condition to CARExpress's obligation to compensate Broker, Broker must provide CARExpress with the applicable Broker Party Identification Notice on or before the expiration of thirty (3010) days following of the date on which notice of termination. If Owner enters into an exclusive listing agreement with another licensed real estate broker with respect to the Broker Party submits his/her/its Membership information Property, Owner agrees to exclude the “Prospective Tenant/ Tenants” from any such other exclusive listing agreement for and Membership Payment to CARExpress. Broker's failure to timely submit during the applicable Broker Party Identification Notice shall void CARExpress's obligation to compensate Broker for the applicable Broker Party's acceptance and enrollment into a CARExpress program as well as any renewals of such Broker Party's membershipperiod stated herein.
b. Compensation which is payable to Broker pursuant to this Agreement shall be paid weekly, in arrears, on Friday of each week. A payment representing the compensation owed by CARExpress to Broker for the previous week shall be wired to Broker at the account specified by Broker. It shall be Broker's sole responsibility for notifying CARExpress of any change of address.
Appears in 2 contracts
Samples: Residential Listing – Exclusive Right to Lease, Residential Listing – Exclusive Right to Lease
BROKER’S COMPENSATION. a. Subject to In the limitations specified herein, upon the acceptance and enrollment event of a Broker Party into a CARExpress programsale, exchange, or transfer, the Compensation to be paid by Seller to Broker shall be: 6% _ _ _ _ The Compensation shall be entitled deemed to receive compensation in have been earned by Broker and shall be due and payable by Seller to Broker if:
A. During the amounts designated on the payment schedule attached hereto as EXHIBIT B (the "Payment Schedule"). Notwithstanding the foregoingterm of this Agreement, Broker shall not be entitled to receive or any compensation from CARExpress unless and until extension thereof:
(i) Broker has provided written notice produces a ready, willing and able buyer to CARExpress which identifies purchase the particular person, entity, group account Property at the listing price and/or at such other price as shall be accepted by Seller or marketing sponsor claimed by agreed upon in writing between Seller and Broker as being a Broker Party (such notice referred to herein as the "Broker Party Identification Notice"“Sale Price”); and or
(ii) CARExpress has received all information requested on Seller shall enter into a written agreement to sell, lease, exchange, convey or transfer the Membership Form from an identified Property to any person or entity whether such person or entity shall have been procured by Broker, by Seller or by any other person or entity, in which event Seller, within seventy-two (72) hours thereof, shall furnish Broker Party and CARExpress has received the applicable Membership Payment from a copy of such Broker Partywritten agreement; and or
(iii) CARExpress has approved if during the applicant period of 180 days following the expiration or termination of this Agreement, Seller shall enter into a written agreement to sell, lease, exchange, convey or transfer the Property to any person who or to any entity which, with knowledge of Seller or any agent of Seller, inspected or made inquiry about the Property or negotiated to purchase or exchange the Property during the term of this Agreement or any extension thereof, in which event Seller, within seventy-two (72) hours thereof, shall furnish Broker Party for membership in a copy of such written agreement;
B. Seller defaults or voluntarily agrees to terminate a sale; or
C. Seller breaches this Agreement. The Compensation due to the applicable CARExpress programBroker shall be a charge against the Property and shall be paid at settlement as a convenience to Seller. As However, Seller acknowledges and agrees that settlement on the Property shall not be a condition precedent to CARExpress's Seller’s obligation to compensate BrokerBroker as herein provided. If Broker prevails in any action brought to obtain payment of the Compensation, Broker must provide CARExpress with shall also be entitled to recover in such action Broker’s reasonable attorney’s fees and court costs. If a deposit made on any contract of sale or other transfer of the applicable Property is forfeited to Seller, or if all or part of the deposit is received by Seller as a settlement made by and between Seller and buyer, 50% of the amount forfeited or received as settlement shall be paid to Broker Party Identification Notice on or before for Broker’s services, but in no event shall the amount exceed an amount equal to the full Compensation specified herein. Seller shall have no obligation to pay the Compensation to Broker if the Property is listed by any other licensed real estate broker following the expiration of thirty (30) days this Agreement, or any extension thereof, or following the date on which the Broker Party submits his/her/its Membership information and Membership Payment to CARExpress. Broker's failure to timely submit the applicable Broker Party Identification Notice shall void CARExpress's obligation to compensate Broker termination of this Agreement as herein provided, unless such termination by Seller is for the applicable Broker Party's acceptance and enrollment into a CARExpress program as well as any renewals purpose of such Broker Party's membershipavoiding the obligation of Seller to pay the Compensation to Broker.
b. Compensation which is payable to Broker pursuant to this Agreement shall be paid weekly, in arrears, on Friday of each week. A payment representing the compensation owed by CARExpress to Broker for the previous week shall be wired to Broker at the account specified by Broker. It shall be Broker's sole responsibility for notifying CARExpress of any change of address.
Appears in 1 contract
Samples: Exclusive Right to Sell Real Estate Brokerage Agreement