Obligations of Broker. Broker covenants and agrees to:
A. maintain its broker's license with the State of Georgia and may maintain from time to time membership in the National Association of REALTORS®, the Georgia Association of REALTORS®, Inc., and various local Boards of REALTORS®.
B. hold Licensee’s real estate license. THIS FORM IS COPYRIGHTED AND MAY ONLY BE USED IN REAL ESTATE TRANSACTIONS IN WHICH IS INVOLVED AS A REAL ESTATE LICENSEE. UNAUTHORIZED USE OF THE FORM MAY RESULT IN LEGAL SANCTIONS BEING BROUGHT AGAINST THE USER AND SHOULD BE REPORTED TO THE GEORGIA ASSOCIATION OF REALTORS® AT (000) 000-0000.
C. make available to Licensee the use of Broker’s office and office management services at:
D. provide Licensee with a copy of all policies and procedures with which Licensee is expected to comply.
E. make available to Licensee all current listings except those listings which Broker, for valid business reasons, may place exclusively in the temporary possession of some other licensee. However, Licensee shall not be required to accept or service any listing offered by Broker. Broker shall not have the right or authority to direct that Licensee service particular parties or to restrict Licensee’s activities to particular areas.
F. pay over to Licensee the commissions or fees earned by Licensee after such commissions or fees are collected by Broker.
G. indemnify and hold Licensee harmless from and against any and all claims, causes of action, lawsuits, damages, liabilities, fines, costs, expenses and deductibles (hereinafter collectively referred to as “Claims”) arising out of or related to any violation of this Agreement by Broker, or Broker’s negligent acts, intentional acts of wrongdoing, or acts outside the scope of Broker’s authority or responsibilities hereunder, but only to the extent that there is not a policy of insurance which actually pays the Claim or reimburses the costs thereof to Licensee. This indemnification obligation shall specifically survive the termination of this Agreement.
Obligations of Broker. The Broker accepted and agreed to sell the above- mentioned business/real estate to the best of its efforts. The Seller agreed to give Broker the irrevocable and exclusive right to sell the said business. The Seller agreed that title purchase of the above-mentioned business, shall include, but not limited to, a total ownership or partial ownership in the business and, accounts of the business.
Obligations of Broker a. BROKER shall maintain its status as a duly registered property broker of general commodities in good standing, and provide CONTRACTOR a limited, revocable right to perform the Services under such registered status during the term of this Agreement.
b. BROKER, at its sole expense, unless otherwise stated herein, shall maintain commercial insurance policies as required by applicable law for operation as a registered property broker. In addition, BROKER shall maintain a contingent cargo liability policy with limits not less than ONE HUNDRED THOUSAND DOLLARS ($100,000).
i. If CONTRACTOR requests higher limits of commercial auto liability policy(ies) of insurance to satisfy one or more of Contractor’s Customer Accounts, BROKER reserves the right to charge and recover any increased premiums and associated costs to CONTRACTOR.
ii. If CONTRACTOR requests higher limits of contingent cargo policy(ies) of insurance to satisfy one or more of Contractor’s Customer Accounts, BROKER reserves the right to charge and recover any increased premiums and associated costs to CONTRACTOR.
c. BROKER, at its sole expense, shall maintain a Surety Bond (Form BMC-84) or Trust Fund Agreement (Form BMC-85) in the minimum amount of $75,000, or as otherwise required by applicable law(s).
d. BROKER, at its sole expense, unless otherwise stated herein, shall maintain commercial general liability insurance with limits not less than ONE MILLION DOLLARS ($1,000,000).
i. If CONTRACTOR requests higher limits of commercial general liability policy(ies) of insurance to satisfy one or more of Contractor’s Customer Accounts, BROKER reserves the right to charge and recover any increased premiums and associated costs to CONTRACTOR
e. BROKER, at its sole expense, shall provide and maintain a technology system / transportation management system (“TMS”), and provide CONTRACTOR with a limited, revocable right to use the same to facilitate CONTRACTOR’s performance of the Services and to comply with Broker’s Policies. CONTRACTOR shall be responsible for CONTRACTOR’s local technology system(s), hardware, and systems applications adequate and sufficient to support CONTRACTOR’s connectivity to, and use of, BROKER’s technology system / transportation management system(s).
f. BROKER shall establish payment terms and credit limits, conditions, and other terms of payment in its sole discretion, using commercially reasonable and available information. BROKER shall maintain a trade credit policy applicable to Co...
Obligations of Broker. Section 2.1. Promotion and Sale of MetLife Products. Broker shall promote, market and sell MetLife Products.
Obligations of Broker. With respect to each Sellers Plan, Broker will have the following obligations:
(a) Broker will sell the Plans Shares for the account of each Seller according to the terms of the Seller's Sellers Plan.
(b) Broker will not sell any Stock when broker is in possession of any material nonpublic information concerning Isis or its securities.
(c) Once a Sellers Plan becomes effective, Broker will not allow Seller to exercise, any influence over how, when or whether to effect sales of Stock pursuant to the Sellers Plan.
(d) Broker will withdraw Stock from Seller's Plan Account in order to effect sales of Stock under Seller's Sellers Plan. Broker will exercise Options to effect such sales according to the Seller's Option Priority Guidelines.
(e) Broker will deliver the proceeds from each sale of unrestricted Stock effected under a Sellers Plan to Seller's Account on a normal three-day settlement basis less any commission, commission equivalent, xxxx-up or differential and other expenses of sale to be paid to Broker. With respect to each sale of restricted Stock, Broker will deliver the net proceeds from such sales as soon as reasonably practicable.
(f) Broker will, in connection with the exercise of Options, remit to Isis the exercise price thereof along with such amounts as may be necessary to satisfy withholding obligations. These amounts will be deducted from the proceeds of the sale of the Stock.
(g) To the extent that any Stock remains in the Plan Account upon termination of the Sellers Plan, Broker agrees to return such Stock promptly to the Seller.
(h) Broker agrees to conduct all sales pursuant to each Sales Plan in accordance with the manner of sale requirement of Rule 144 of the Securities Act and in no event will Broker effect any sale if such sale would exceed the then-applicable amount limitation under Rule 144 or will violate the "short-swing profit" provisions of Section 16 of the Exchange Act. Broker will file Forms 144 on behalf of Seller as required by applicable law.
(i) Promptly after each Sale, Broker will advise Seller in writing as to the number of shares of Stock sold, the date of each sale and the sales price.
(j) Broker will suspend or terminate a Sellers Plan and cancel any pending sale upon notice from Isis of a Suspension Event (such notice to specify termination or suspension of the Sellers Plan). In the event of a suspension, Broker will cancel any open orders for sales of Plan Shares and will cease placing orders for Sales of Plan Sh...
Obligations of Broker. A. Broker is required to adhere to the following performance minimums:
1) Minimum performances, outlined in the "SERVICES AND RENTAL AGREEMENT," must be maintained quarterly by 75 percent of the Qxpress(TM) terminals placed by Q Comm, Inc. in Broker's behalf.
2) Broker must place a minimum of sixty (60) Qxpress(TM)terminals in each twelve (12) month period.
3) If these performance minimums are not met, Q Comm, Inc. may terminate the Broker Agreement at any time.
B. If this Agreement is terminated by either party, Q Comm, Inc. will continue to support the existing Qxpress(TM) terminals under all existing contract terms for a period of 180 days from the date of notice as defined in paragraph XVIII ("Notices").
C. Broker accepts the "SERVICES AND RENTAL AGREEMENT" and ACH Agreement in effect at the time of this Agreement. (Schedule "B"). Q Comm's "SERVICES AND RENTAL AGREEMENT" and ACH Agreement are subject to change with five (5) day notice to Broker.
D. Broker must obtain Q Comm's written approval of all content and artwork for any prepaid calling cards, packaging and point-of-purchase materials as a condition to activation of PINs. Q Comm shall have the right to change, add, or modify the copy in any way. All modifications by Broker to pre-approved content or artwork must also be approved in writing by Q Comm.
E. Q Comm Prepaid Phone Card "Custom/Private Label Card Terms & Conditions" (Schedule "C") must be clearly disclosed on the back of each custom prepaid calling card, insert or point-of-purchase material.
Obligations of Broker. In addition to all other obligations of Broker under this Agreement, Broker shall, at its own expense:
(a) deliver or make available, or cause a third party to deliver or make available, to Move in an electronic format acceptable to Move, within a mutually agreed upon period of time following the Effective Date, the initial file of Licensed Data and Agent Data;
(b) At such times as Move and Broker may mutually agree, which shall be no less frequently than six (6) time per day, during the Term, deliver or make available, or cause a third party to deliver or make available, to Move complete updates of the Licensed Data in an electronic format acceptable to Move;
(c) no less frequently than once every week (or such other interval as Move and Broker may mutually agree) during the Term, deliver or make available, or cause a third party to deliver or make available, to Move the Agent Data in an electronic format acceptable to Move;
(d) implement procedures to screen all Licensed Data to assure that such Licensed Data contains no statements or other information that violates applicable local, state, or federal laws or regulations (including local, state, and federal fair housing laws and regulations), or otherwise causes damage, direct or indirect, to any third party (including but not limited to the owners of any properties described in the Licensed Data);
(e) promptly inform Move of any information known to Broker related to any Licensed Data that could reasonably lead to a claim, demand, or liability of or against NAR, RIN, Move and/or any of their affiliates or authorized contractors; and
(f) allow Move to market Move Products to agents and brokers within Broker’s offices based on information gathered from Agent Data or Licensed Data, including such persons’ telephone numbers, email addresses, and addresses.
Obligations of Broker. (1) Broker represents that it is a registered broker/dealer under the Securities and Exchange Act of 1934 and is a member of the National Association of Securities Dealers, Inc. (the "NASD"). Broker represents and agrees that: (a) it will abide by the Rules of Fair Practice of the NASD; and (b) all of its agents who will be soliciting applications for products distributed by PIMS are registered representatives with the NASD and appropriately licensed by any state in which the agent conducts business.
(2) Broker agrees to use its best efforts to solicit applications for the Products that are acceptable to PIMS. Broker shall, during the term of this Agreement, engage in the following activities:
(a) Utilize only those prospectuses, statements of additional information, advertising material, literature and sales literature that has been provided by PIMS. If Broker wishes to use any other material, (i) it must be approved by PIMS, and (ii) Broker is responsible for securing required regulatory approvals.
(b) Establish and maintain a system to supervise the activities of each registered representative and associated person that is reasonably designed to achieve compliance with applicable Federal and State Securities laws and regulations, including the rules of the NASD. PIMS will have no supervisory responsibility for the registered representatives and associated persons of Broker.
(3) As to the offer and sale of shares of the Prudential Mutual Funds (the "Fund"), Broker agrees:
(a) To offer and sell shares of the Fund only at their net asset value, in accordance with the current Prospectus and Statement of Additional Information of the Fund. All redemptions of shares will be made at their net asset value, in accordance with the current Prospectus and Statement of Additional Information of the Fund.
(b) To purchase shares of the Fund from PIMS or only from Broker's customers.
(c) To purchase shares of the Fund from PIMS only for the purpose of covering purchase orders already received or for Broker's bona fide investment.
(d) Broker will promptly advise PIMS of all unconditional purchase and redemption orders for shares of the Fund received by Broker.
(e) Broker will not offer or sell any of the shares of the Fund except under circumstances that will result in full compliance with all applicable Federal and State securities laws, and in connection with sales and offers to sell shares of the Fund, Broker will furnish to each person to whom any such sale or offer...
Obligations of Broker. 1. The Broker, from time to time, enters into brokerage agreements ("Brokerage Agreement") with persons and entities wishing to buy or sell real estate ("Customers").
2. The Broker, from time to time, will assign to Salesperson specific properties that its Customers want to either buy or sell ("Listing Assignments"). Such Listing Assignments shall be made by written communication (email is permissible) which shall describe the property(ies) involved, state whether the Customer wants to buy or sell, and, in cases where the compensation to be paid to the Salesperson differs from the standard compensation payable under this Agreement (Section Three below), include a description of the amount and timing of the compensation to be paid to the Salesperson in relation to those properties. In case of conflict, the compensation described in a Listing Assignment shall supersede the compensation described in Section Three of this Agreement. Unless a particular Listing Assignment states otherwise, the Broker shall not simultaneously assign the same property to multiple sales associates.
3. Broker will provide the Salesperson at the Broker's place of business with a desk, a telephone number,an e-mail address, an internet connection, business cards, access to a photocopy machine and access to a printer for use in carrying out the activities described in this Agreement..
Obligations of Broker. Broker agrees to:
a. pay to ABAIS any and all premium amounts hereunder within the time specified in the invoice, or if not specified, within thirty (30) days after receipt of the invoice;
b. maintain errors and omissions insurance, covering Broker and each of the Broker’s employees, in the amount of at least $300,000;
c. present each retail Broker or agent all notices that ABAIS determines legally necessary and all informational materials ABAIS asks Broker to provide;
d. pay all licensing fees, countersignature fees or surplus lines taxes or other fees that are due and payable as a consequence of any policy issued as a result of this Agreement;
e. instruct each retail Broker or agent to immediately report to ABAIS all claims or losses, immediately refer to ABAIS any inquiry or report concerning any claim or loss, and cooperate fully in ABAIS’ investigation of any claim or loss;
f. allow ABAIS full access to its books and records for the purpose of verifying policies issued, or premiums, commissions, or fees due to the insurance company and/or to ABAIS as a result of this Agreement; and
g. comply with all applicable laws relating to the performance of this Agreement, including, without limitation, any privacy and Broker licensing laws.
