Common use of Builder's Sales Duties Clause in Contracts

Builder's Sales Duties. (a) Development and Implementation of Sales Program. Promptly following the execution of this Agreement, Builder shall develop a program for selling the Homes and shall arrange for the construction, preparation, and availability of such models and other marketing sales tools and materials as shall be necessary to such program. Builder shall deliver a schedule of proposed pricing and plotting mixes for the Homes to Owner for its prior reasonable approval. Based on the recommendation of Builder, Owner shall approve a range of sales prices for the Homes and Builder is authorized to sell such Homes for a price within such range. A Home may not be sold below the established sales price without the prior reasonable consent of Owner. Builder shall, at the sole cost and expense of Owner, construct and maintain both the interior and exterior of the model Homes, including all decorating and landscaping, hold a Grand Opening for the Project, establish the sales program, advertise the Project in such media as the Builder may determine provide appropriate signage for the Project, and prepare all sales tools, including allowances and other public relations activities shall be subject to Owner's prior obligations. Every cost and expense of marketing the construction, landscaping, and decoration of the model complex, holding a Grand Opening for the Project, signage, advertising, developing and printing marketing brochures, sales contracts and materials, and constructing and maintaining an on-site sales office shall be paid by Owner. Only the cost of all brokerage fees and sales commissions to sell the Homes due to the sales personnel of Builder shall be paid solely by Builder, but all commissions due to third parties shall be paid by Owner. The Builder's services shall include: (i) Providing at its sole cost all on-site sales staffing as required, provided, however, that Owner will permit the Builder to employ members of Builder's existing sales staff. Builder has sole authority to maintain (hire and fire) onsite sales staff. (ii) Preparing at its sole cost and submitting to Owner monthly competitor reports and other outside market studies to review pricing, incentives, absorption rates, demographics and the like: (iii) Assigning a sales manager employed by Builder to the Project who will act as a liaison between Builder and the Owner by the Builder at the sole expense of Builder; (iv) Builder will strategically advertise the Project. Builder will conduct periodic advertising meetings and coordinate, supervise, and furnish the advertising agency with advertising direction and focus. Actual advertising costs and expenses will be subject to Owner's prior reasonable approval and will be Owner's sole cost and responsibility. Ad placement will be handled by Builder's account manager through the advertising agency. A reputable and professional advertising firm shall be retained by Builder to assist with marketing and advertising the Project; (v) A weekly sales report will be furnished showing daily traffic, media origin, and sources of the sales; and (vi) Builder will organize and handle the staffing, selection, and purchase of all standard design center option equipment and promote the design center sales. Builder will coordinate and provide for the installation of all such design center equipment in the Homes.

Builder's Sales Duties. (a) Development and Implementation of Sales Program. Promptly ------------------------------------------------ following the execution of this Agreement, Builder shall develop a program for selling the Homes and shall arrange for the construction, preparation, and availability of such models and other marketing sales tools and materials as shall be necessary to such program. Builder shall deliver a schedule of proposed pricing and plotting mixes for the Homes to Owner for its prior reasonable approval. Based on the recommendation of Builder, Owner shall approve a range of sales prices for the Homes and Builder is authorized to sell such Homes for a price within such range. A Home may not be sold below the established sales price without the prior reasonable consent of Owner. Builder shall, at the sole cost and expense of Owner, construct and maintain both the interior and exterior of the model Homes, including all decorating and landscaping, hold a Grand Opening for the Project, establish the sales program, advertise the Project in such media as the Builder may determine provide appropriate signage for the Project, and prepare all sales tools, including allowances and other public relations activities shall be subject to Owner's prior obligations, Builder has proposed and Owner has approved of the engagement by Builder of Roddel & Associates ("Sales Agent" herein). The Sales Agent Shall assist Builder in marketing and selling the Homes. Every cost and expense of marketing the construction, landscaping, and decoration of o the model complex, holding a Grand Opening for the Project, signageSignage, advertising, developing and printing marketing brochures, sales contracts and materials, and constructing and maintaining an on-site sales office shall be paid by Owneroffice. Only the cost of all brokerage fees and sales commissions to sell the Homes due to the sales dales personnel of Builder and Sales Agent shall be paid solely by Builder, but all commissions due to third parties shall be paid by Owner. The BuilderSales Agent's services shall include: (i) Providing at its sole cost all on-site sales staffing as required, provided, however, that Owner will permit the Builder to employ members of Builder's existing sales staff. Builder has sole authority to maintain (hire and fire) onsite sales staff. (ii) Preparing at its sole cost and submitting to Owner monthly competitor reports and other outside market studies to review pricing, incentives, absorption rates, demographics and the like: (iii) Assigning a sales manager employed by Builder to the Project who will act as a liaison between Builder and the Owner by the Builder at the sole expense of Builder; (iv) Builder will strategically advertise the Project. Builder will conduct periodic advertising meetings and coordinate, supervise, and furnish the advertising agency with advertising direction and focus. Actual advertising costs and expenses will be subject to Owner's prior reasonable approval and will be Owner's sole cost and responsibility. Ad placement will be handled by Builder's account manager through the advertising agency. A reputable and professional advertising firm shall be retained by Builder to assist with marketing and advertising the Project; (v) A weekly sales report will be furnished showing daily traffic, media origin, and sources of the sales; and (vi) Builder will organize and handle the staffing, selection, and purchase of all standard design center option equipment and promote the design center sales. Builder will coordinate and provide for the installation of all such design center equipment in the Homes.

Builder's Sales Duties. (a) Development and Implementation of Sales Program. Promptly ----------------------------------------------- following the execution of this Agreement, Builder shall develop a program for selling the Homes and shall arrange for the construction, preparation, and availability of such models and other marketing sales tools and materials as shall be necessary to such program. Builder shall deliver a schedule of proposed pricing and plotting mixes for the Homes to Owner for its prior reasonable approval. Based on the recommendation of Builder, Owner shall approve a range of sales prices for the Homes and Builder is authorized to sell such Homes for a price within such range. A Home may not be sold below the established sales price without the prior reasonable consent of Owner. Builder shall, at the sole cost and expense of Owner, construct and maintain both the interior and exterior of the model Homes, including all decorating and landscaping, hold a Grand Opening for the Project, establish the sales program, advertise the Project in such media as the Builder may determine provide appropriate signage for the Project, and prepare all sales tools, including allowances and other public relations activities shall be subject to Owner's prior obligations. Every cost and expense of marketing the construction, landscaping, and decoration of the model complex, holding a Grand Opening for the Project, signage, advertising, developing and printing marketing brochures, sales contracts and materials, and constructing and maintaining an on-site sales office shall be paid by Owner. Only the cost of all brokerage fees and sales commissions to sell the Homes due to the sales personnel of Builder shall be paid solely by Builder, but all commissions due to third parties shall be paid by Owner. The Builder's services shall include: (i) Providing at its sole cost all on-site sales staffing as required, provided, however, that Owner will permit the Builder to employ members of Builder's existing sales staff. Builder has sole authority to maintain (hire and fire) onsite sales staff. (ii) Preparing at its sole cost and submitting to Owner monthly competitor reports and other outside market studies to review pricing, incentives, absorption rates, demographics and the like: (iii) Assigning a sales manager employed by Builder to the Project who will act as a liaison between Builder and the Owner by the Builder at the sole expense of Builder; (iv) Builder will strategically advertise the Project. Builder will conduct periodic advertising meetings and coordinate, supervise, and furnish the advertising agency with advertising direction and focus. Actual advertising costs and expenses will be subject to Owner's prior reasonable approval and will be Owner's sole cost and responsibility. Ad placement will be handled by Builder's account manager through the advertising agency. A reputable and professional advertising firm shall be retained by Builder to assist with marketing and advertising the Project; (v) A weekly sales report will be furnished showing daily traffic, media origin, and sources of the sales; and (vi) Builder will organize and handle the staffing, selection, and purchase of all standard design center option equipment and promote the design center sales. Builder will coordinate and provide for the installation of all such design center equipment in the Homes.