Common use of Compensation to Agent Clause in Contracts

Compensation to Agent. Except as provided for in Section 4.2 below, the Company shall compensate Agent for the marketing and promotion of the Products, in accordance with the Agent Compensation Schedule attached as Exhibit A, and Agent agrees that the following terms and conditions shall apply: a. Agent shall receive compensation only on business written by Agent and (ii) business written by Agent’s Representatives. Agent shall accept the compensation set forth on the Agent Compensation Schedule as compensation in full for all services performed and for all expenses incurred by Agent under this Agreement for the promotion and sale of the Products in all cases where Agent’s claim to compensation is disputed or is otherwise questionable, the Company shall have the right, in its sole and absolute discretion, to decide and settle the dispute. Any decision of the Company shall be final, binding, conclusive and nonappealable; b. Agent, and not the Company, shall have the sole responsibility to compensate Solicitor Agents for all activities conducted by Solicitor Agents on Agent’s behalf. Agent shall ensure that the compensation methodology and the compensation amounts to be paid to Solicitor Agents comply at all times with CMS requirements and applicable Medicare Laws and Regulations, and any other applicable federal and state laws and regulations. Agent agrees to disclose to the Company at any time the compensation structure and amounts payable or paid to Solicitor Agents; c. In accordance with Medicare Laws and Regulations, the Company shall establish one or more MA Plan compensation structures and one or more PDP Plan compensation structures for new and renewal enrollments effective for each plan year (the “Annual Commission Schedule”); i. For the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated during the plan year at the Initial Year rate specified in the Annual Commission Schedule for the plan year and thereafter at the Renewal Year rate specified in the Annual Commission Schedule for the plan year for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Representatives, provided that Agent and Representative remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal year. ii. For plan years after the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated for renewal enrollments during the plan year at the Renewal Year rate specified in the Annual Commission Schedule for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Solicitors, provided that Agent and Solicitor remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal year.. The Annual Commission Schedule shall be in place by the beginning of the MA Plan and PDP Plan marketing period for each plan year or such other date as may be established by CMS. The Annual Commission Schedule shall be subject to review by CMS and subject to modification at any time based upon CMS’s review. The Company shall furnish Agent with written notice of the Annual Commission Schedule for each plan year in the form of an amendment to the Agent Compensation Schedule. The Annual Commission Schedule shall become a part of this Agreement, and shall apply to all new enrollments and all renewal enrollments for the plan year. For all Products, the Company may, at any time, increase or decrease the compensation payable as specified on the Agent Compensation Schedule, and may set the compensation payable on any or all additional products which are added to the Agent Compensation Schedule by furnishing to Agent written notice. Notwithstanding the foregoing, any change in the compensation payable shall not be retroactive, and shall apply only to Products, as applicable, solicited or arranged by Agent or any Representative on or after the effective date specified in the written notice or revised compensation schedule, which effective date shall be at least fifteen (15) days after the date on which such written notice or revised compensation schedule is furnished to Agent. d. All compensation due to Agent under this Agreement shall be based on the enrollment of Members in a Product, as determined by CMS and/or the Company, as the case may be.

Compensation to Agent. Except a. For Leasing, Lease Renewal and Management: b. Advertising Program: $125.00 Multiple Listing Service MLS Xxxxxxxxxxx.xxx Zillow, Trulia and their Platform of sites You will be billed by Premier Real Estate Group for each calendar month while your home is being advertised. c. For Fire Restoration, Rehabilitation, Major Repairs, Insurance Claims: The full cost of such repairs or remodeling plus all applicable taxes and fees, and a handling charge of ten (10%) percent of such repair or remodeling up to maximum of $500.00, unless otherwise agreed in writing. Agent has the sole right and discretion to refuse to undertake supervision of major repairs, rehabilitation, and remodeling as provided described herein. d. Attorney Xxxx and Costs: Attorney fees, legal fees, and court costs, incurred by Agent to protect the property, enforce leases, defend deposit disputes, preserve rights under leases, or for any matter concerning this agreement or the management of the property, shall be the Owner's responsibility and shall be reimbursed to Agent, by Owner. e. Upon and after termination of this agreement pursuant to the method described in Section 4.2 belowParagraph 1 hereof, the Company shall compensate Owner agrees to recognize Agent as Xxxxxx in any pending or future negotiations for the marketing and promotion sale of the Productsproperty to the present Tenants of the property. In that event, in accordance with Owner shall pay a fee of 6% of the Agent Compensation Schedule attached as Exhibit Aselling price to Agent, and Agent shall process the sales transaction. f. Owner will be charged an administration/statement fee of $10.00 per month for mailing of monthly statements or writing checks for Owner distributions or paying of Owner monthly HOA payments or Owner mortgage payments. g. If property is in a utility district that will not allow Tenants to place utilities in their name, Owner agrees that to pay the following terms Agent a billing fee of $5.00 per utility billing cycle or per month. h. In an effort to keep Owner costs controlled, Agent may charge administrative fees to the Owner for certain tasks and conditions shall apply:receive commissions, fees and/or other compensation from other vendors, parties, brokers, Tenants and companies related to the services offered. a. i. Pet Guarantee: In the event pets are allowed, Agent shall receive compensation only on business written by Agent and (ii) business written by Agent’s Representativeswill charge the Tenant pet rent per month. Agent shall accept the compensation set forth on the Agent Compensation Schedule as compensation in full for will be entitled to keep all services performed and for all expenses incurred by Agent under this Agreement for the promotion and sale of the Products in all cases where Agent’s claim to compensation is disputed or is otherwise questionable, the Company shall have the right, in its sole and absolute discretion, to decide and settle the dispute. Any decision of the Company shall be final, binding, conclusive and nonappealable; b. Agent, and not the Company, shall have the sole responsibility to compensate Solicitor Agents for all activities conducted by Solicitor Agents on Agent’s behalf. Agent shall ensure that the compensation methodology and the compensation amounts to be paid to Solicitor Agents comply at all times with CMS requirements and applicable Medicare Laws and Regulations, and any other applicable federal and state laws and regulationspet rent collected from Tenant. Agent agrees to disclose to pay for pet damages that exceed the Company at any time the compensation structure and amounts payable or paid to Solicitor Agents; c. In accordance with Medicare Laws and Regulationssecurity deposit, the Company shall establish one or more MA Plan compensation structures and one or more PDP Plan compensation structures for new and renewal enrollments effective for each plan year (the “Annual Commission Schedule”); i. For the beneficiary’s initial year of enrollment in an MA Plan amount up to $1,000.00 above the security deposit, for any damage from authorized pets. This guarantee does not apply to damage done by animals covered as Service Animals or PDP PlanEmotional Support Animals (ESA), as determined by CMS, Agent and Representatives shall be compensated during the plan year at the Initial Year rate specified in the Annual Commission Schedule for the plan year and thereafter at the Renewal Year rate specified in the Annual Commission Schedule for the plan year for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Representatives, provided that Agent and Representative remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal yearthese animals are not considered pets. ii. For plan years after the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated for renewal enrollments during the plan year at the Renewal Year rate specified in the Annual Commission Schedule for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Solicitors, provided that Agent and Solicitor remain licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal year.. The Annual Commission Schedule shall be in place by the beginning of the MA Plan and PDP Plan marketing period for each plan year or such other date as may be established by CMS. The Annual Commission Schedule shall be subject to review by CMS and subject to modification at any time based upon CMS’s review. The Company shall furnish Agent with written notice of the Annual Commission Schedule for each plan year in the form of an amendment to the Agent Compensation Schedule. The Annual Commission Schedule shall become a part of this Agreement, and shall apply to all new enrollments and all renewal enrollments for the plan year. For all Products, the Company may, at any time, increase or decrease the compensation payable as specified on the Agent Compensation Schedule, and may set the compensation payable on any or all additional products which are added to the Agent Compensation Schedule by furnishing to Agent written notice. Notwithstanding the foregoing, any change in the compensation payable shall not be retroactive, and shall apply only to Products, as applicable, solicited or arranged by Agent or any Representative on or after the effective date specified in the written notice or revised compensation schedule, which effective date shall be at least fifteen (15) days after the date on which such written notice or revised compensation schedule is furnished to Agent. d. All compensation due to Agent under this Agreement shall be based on the enrollment of Members in a Product, as determined by CMS and/or the Company, as the case may be.

Compensation to Agent. Except as provided for in Section 4.2 below, the The Company shall compensate Agent for the marketing and promotion of the Products, in accordance with the Agent Compensation Schedule attached as Exhibit A, and Agent agrees that the following terms and conditions shall apply: a. Agent shall receive compensation only on business written by Agent and (ii) business written by Agent’s Representatives. Agent shall accept the compensation set forth on the Agent Compensation Schedule as compensation in full for all services performed and for all expenses incurred by Agent under this Agreement for the promotion and sale of the Products in all cases where Agent’s claim to compensation is disputed or is otherwise questionable, the Company shall have the right, in its sole and absolute discretion, to decide and settle the dispute. Any decision of the Company shall be final, binding, conclusive and nonappealable;non- appealable. b. Agent, and not the Company, shall have the sole responsibility to compensate Solicitor Agents for all activities conducted by Solicitor Agents on Agent’s behalf. Agent shall ensure that the compensation methodology and the compensation amounts to be paid to Solicitor Agents comply at all times with CMS requirements and applicable Medicare Laws and Regulations, and any other applicable federal and state laws and regulations. Agent agrees to disclose to the Company at any time the compensation structure and amounts payable or paid to Solicitor Agents; c. In accordance with Medicare Laws and Regulations, the Company shall establish one or more MA Plan compensation structures and one or more PDP Plan compensation structures for new and renewal enrollments effective for each plan year (the “Annual Commission Schedule”);. i. For the beneficiary’s initial year of enrollment in an MA Plan or PDP Plan, as determined by CMS, Agent and Representatives shall be compensated during the plan year at the Initial Year rate specified in the Annual Commission Schedule for the plan year and thereafter at the Renewal Year rate specified in the Annual Commission Schedule for the plan year for as long as the individual remains enrolled as a Member in a Company an MA Plan or a Company PDP Planother applicable Product (if any), as applicable, throughout each renewal year, and provided that Agent, and for applications written by Representatives, provided that Agent and Representative remain remains licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal year. ii. For plan years after the beneficiary’s initial year of enrollment in an MA Plan or PDP Planother applicable Product (if any), as determined by CMS, Agent and Representatives shall be compensated for renewal enrollments during the plan year at the Renewal Year rate specified in the Annual Commission Schedule for as long as the individual remains enrolled as a Member in a Company MA Plan or a Company PDP Plan, as applicable, throughout each renewal year, and provided that Agent, and for applications written by Solicitors, provided that Agent and Solicitor remain remains licensed, appointed and certified by the Company as having completed the training and testing required by the Company for each renewal year.. . The Annual Commission Schedule shall be in place by the beginning of the MA Plan and PDP Plan marketing period for each plan year or such other date as may be established by CMS. The Annual Commission Schedule shall be subject to review by CMS and subject to modification at any time based upon CMS’s review. The Company shall furnish Agent with written notice of the Annual Commission Schedule for each plan year in the form of an amendment to the Agent Compensation Schedule. The Annual Commission Schedule shall become a part of this Agreement, Agreement and shall apply to all new enrollments and all renewal enrollments for the plan year. For all Products, the Company may, at any time, increase or decrease the compensation payable as specified on the Agent Compensation Schedule, and may set the compensation payable on any or all additional products which that are added to the Agent Compensation Schedule by furnishing to Agent written notice. Notwithstanding the foregoing, any change in the compensation payable shall not be retroactive, and shall apply only to Products, as applicable, solicited or arranged by Agent or any Representative on or after the effective date specified in the written notice or revised compensation schedule, which effective date shall be at least fifteen (15) 15 days after the date on which such written notice or revised compensation schedule is furnished to Agent. d. c. All compensation due to Agent under this Agreement shall be based on the enrollment of Members in a Product, as determined by CMS and/or the Company, as the case may be.