Potential Dual Agency Sample Clauses

Potential Dual Agency. It is understood that Xxxxxx may act as an agent for both a buyer and Client, and Client hereby consents to Broker acting as a dual agent representing both a buyer and Client, subject to being informed in advance of same, in writing by Xxxxxx. Broker reserves the right to accept payment from a buyer of the Domain Name(s) for services provided which do not conflict with this Agreement. In domain name sales it is not uncommon for the broker to represent both the owner and the eventual buyer as they are often soliciting a sale on an outbound basis. Sometimes a Broker will have a client that is interested in purchasing the Domain Name that the Broker is selling on behalf of its other Client. Other times the Broker will meet the buyer in the course of performing outbound marketing. That can be helpful for the Seller but it can also create conflicts of interest since there is a ‘dual loyalty’, i.e. loyalty to each client who are on opposite ends of the transaction. Issues may arise when negotiating for both a Buyer and a Seller. Ideally from a Client’s perspective, a Broker would only represent the Client alone and that is generally the best approach to avoid potential conflicts. Nevertheless, if a dual agency is a possibility, it should be disclosed to the Client in advance and the Client should be provided with clear disclosure of the dual agency role and how the Broker intends to handle its dual role. If the Broker reserves the right to accept payment from a buyer in addition to the Sale commission, you should define what services wouldn’t conflict with the Agreement and request full transparency accordingly.
Sample 1
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Potential Dual Agency. [ ] Potential Dual Agency Agreement: If this paragraph is marked, Xxxxxxxx may act as an agent representing both Seller and Buyer in connection with a particular transaction that is not a Xxxxxxxx Auction Sale. Xxxxxxxx acting directly or through a licensed associate, can legally be the limited agent of both the Seller and the Buyer in a transaction, but only with the knowledge and written consent of both the Seller and Buyer. A Client is not required to consent to a dual agency. However, if this paragraph is marked, the undersigned Buyer(s) and/or Seller(s) acknowledge, by signing this disclosure form, that they understand the Broker’s duties and consent to Xxxxxxxx’x providing brokerage services to both Buyer and Seller (subject to the conditions set forth herein) . Representing more than one party to a transaction can create a conflict of interest since both clients may rely upon the broker’s advice and the clients’ respective interests may be adverse to each other. If and when acting as a dual agent, Xxxxxxxx will endeavor to be impartial between seller and buyer and will not represent the interest of either the seller or buyer to the exclusion or detriment of the other. If Xxxxxxxx is representing both the Buyer and the Seller, Xxxxxxxx has, without limitation, the following affirmative obligations to both the Buyer and the Seller: (a) All of the duties listed in Part D, below. (b) Subject to subparagraph (d), below, the duty to disclose to the client all information known by the Broker that is material to the transaction and that is not known by the client or could not be discovered by the client through a reasonably diligent inspection. (c) Any obligation that is within the scope of the agency agreement, except those obligations that are inconsistent with other duties that the Broker has under law. (d) If an agent is representing both Seller and Buyer, the agent shall preserve each party’s confidential information, and shall not disclose to one client confidential information about the other client, unless disclosure is required by law, or unless failure to disclose such information would constitute fraud or dishonest dealing, or unless disclosure is authorized by express instruction. Such confidential information includes but is not limited to the seller's willingness to accept a price less than the listing price, the buyer's willingness to pay a price greater than the asking price, a parties willingness to accept terms other than those offered, th...
Sample 1

Related to Potential Dual Agency

  • DUAL AGENCY Listing Broker has entered into a client relationship with Purchaser and Seller. Selling Broker: {Select A, B, C, D, or E below. The section not marked shall not be a part of this Exhibit} A.

  • Termination of Relationship If Optionee terminates Continuous Status as an Employee or Consultant for any reason, Optionee may exercise this Option during the Termination Period set out in the Notice of Grant, to the extent the Option was vested at the date of such termination. To the extent that Optionee was not vested in this Option at the date on which Optionee terminates Continuous Status as an Employee or Consultant, or if Optionee does not exercise this Option within the time specified herein, the Option shall terminate.

  • Commercial Relationship The Employee expressly acknowledges that the Employee’s participation in the Program and the Company’s grant of the Award does not constitute an employment relationship between the Employee and the Company. The Employee has been granted the Award as a consequence of the commercial relationship between the Company and the Company’s Subsidiary in Mexico that employs the Employee, and the Company’s Subsidiary in Mexico is the Employee’s sole employer. Based on the foregoing: (a) the Employee expressly acknowledges that the Program and the benefits derived from participation in the Program do not establish any rights between the Employee and the Subsidiary in Mexico that employs the Employee; (b) the Program and the benefits derived from participation in the Program are not part of the employment conditions and/or benefits provided by the Subsidiary in Mexico that employs the Employee; and (c) any modifications or amendments of the Program or benefits granted thereunder by the Company, or a termination of the Program by the Company, shall not constitute a change or impairment of the terms and conditions of the Employee’s employment with the Subsidiary in Mexico.

  • Independent Contractor Relationship Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever.

  • At-Will Relationship I understand and acknowledge that my Relationship with the Company is and shall continue to be at-will, as defined under applicable law, meaning that either I or the Company may terminate the Relationship at any time for any reason or no reason, without further obligation or liability.

  • Legal Relationship Nothing in this Agreement is to be construed as creating a partnership, trust arrangement, joint venture, agency, employment relationship or any form of legal relationship between the parties beyond contractual obligations.

  • Serious Misconduct In the case of serious misconduct, or for disqualifying crimes as defined in statutes applied to the licensed provision of home care services, each Employer may in its sole discretion, for reasonable cause, bypass any one or all of the steps of progressive discipline. In the case of any form of discipline less than termination, the employee’s disciplinary action shall include a description of the conduct that is the basis for the disciplinary action(s). Each Employer will strive to identify specific corrective action(s) that the employee is expected to take to improve his/her performance.

  • Management Grievance The Employer may initiate a grievance at Step 3 of the grievance procedure by the Employer or designate presenting the grievance to the President of the Union or designate. Time limits and process are identical to a union grievance.

  • Individual Grievance Subject to clause 19.5 and as provided in section 208 of the PSLRA, an employee is entitled to present a grievance in the manner prescribed in clause 19.10 if the employee feels aggrieved (a) by the interpretation or application in respect of the employee, of (i) a provision of a statute or regulation, or a by-law, direction or other instrument made or issued by the Council, dealing with terms and conditions of employment; or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any other occurrence or matter affecting the employee’s terms and conditions of employment.

  • Termination of Business Relationship If the Optionee's Business Relationship with the Company and all Related Corporations is terminated, other than by reason of death, disability or dissolution as defined in Section 5, no further installments of this option shall become exercisable, and this option shall terminate (and may no longer be exercised) after the passage of 90 days from the date the Business Relationship ceases, but in no event later than the scheduled expiration date. In such a case, the Optionee's only rights hereunder shall be those which are properly exercised before the termination of this option.

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