Procuring Cause. The Broker(s) named in Paragraph 1.10 is/are the procuring cause of this Lease.
Procuring Cause. Buyer hereby acknowledges that FCBB-136 has contractual agreements with the Seller by which FCBB-136 is Seller’s authorized agent in a potential Transaction. If the undersigned individually, and on behalf of any affiliated prospective Buyer, requests from FCBB-136 Confidential Information about certain Businesses, then Buyer acknowledges that FCBB-136 is: (a) the first to provide information about potential Transactions related to these Businesses; (b) the sole procuring cause should Buyer execute any Transaction pursuant to this Agreement; and (c) entitled to their commission for any possible Transaction. Buyer understands and acknowledges that divulging Confidential Information to another Broker or agent does not constitute a co-broker agreement and/or authorize splitting of fees between Brokers. Buyer further agrees to be responsible for any fees owed to any other Broker or agent with whom Buyer has signed a Buyers Brokerage Agreement. Buyer agrees that if the Buyer becomes involved or affiliated in any capacity with any Business(es) shown or offered for sale, or should Buyer buy, trade, lease, loan money to or exchange any Business(es) disclosed, then a fee will be due and payable immediately to FCBB-136. Buyer authorizes FCBB-136 to act on Buyer’s behalf to negotiate a new lease or Real Estate Purchase from the owner of the property where the business(es) is located, and collect any fees if paid for such service. The Buyer warrants and agrees that the Broker is the sole procuring cause in such a Transaction.
Procuring Cause. In the event there is a conflict between Dealer and another Dealer, distributor or a sales rep regarding who is the procuring cause for a transaction then the Corporation shall review the facts and make a determination based on the documentation provided by the parties involved. In resolving the conflict the corporation shall consider the amount of communication as well as the content of the communication with the purchaser, agreements if any signed by the purchaser designating an individual or company as their representative, and the facts leading up to the purchaser's decision to place an order for the products. Great consideration will be given to the preference of the purchaser if the purchaser makes a decision on who they want to represent them. Merely contacting an individual or company with product information does not make a Dealer, Distributor or Sales Rep the procuring cause for a transaction. The decision of the Corporation shall be final. Corporation may determine that more than one party contributed to the procuring cause for a transaction and split any fees or profits between the parties. All parties agree to submit supporting documentation within five days to corporation upon request by Corporation.
Procuring Cause. The purchaser named below hereby acknowledges that Xxxx Xxxxxx & Associates, Inc., Inc its principals & associates are deemed to be the procuring cause of the purchasers introduction to the property described in this agreement. The purchaser hereby acknowledges that he, she or it, has no prior knowledge of the asset being marketed by other brokers and has no conflict of interest between Xxxx Xxxxxx & Associates, Inc., Inc and any other brokerage firm that may claim the same procuring cause action.
Procuring Cause. Xxxxx agrees that if Xxxxx identifies and purchases a property without Broker, resulting in a Seller's refusal to compensate Broker, that Buyer will compensate Broker as provided above.
Procuring Cause. =================================== All parties hereto acknowledge and agree that no brokerage commissions are due on this transaction and Buyer and Seller agree to hold each other harmless with regard to anyone claiming a commission or fee by or through them.
Procuring Cause. Buyer acknowledges and agrees that Xxxxxx is the procuring cause of any purchase or other act set forth in paragraph 2 herein triggering Broker’s right to compensation, and acknowledges and agrees that for a period of two (2) years from the Effective Date to not deal directly or indirectly with the Seller, its agents, representatives or assigns, without the prior written consent of Broker. If Buyer, or an entity in which Buyer has an interest, or person or entity introduced to the Business and/or Seller by Buyer, enters into: (a) a sale and/or purchase agreement; or (b) management contract or other financial arrangement with Seller with respect to the Business or any part thereof, including leasing the Business premises from Seller or Seller’s landlord; Buyer shall be liable to Broker for any and all damages Broker may suffer, including but not limited to the payment of the full compensation due Broker under a separate agreement with Seller. To ensure the collection of its compensation, Buyer hereby grants Broker the right to place a lien on the Business assets which may be acquired by Buyer in violation of this Agreement, and Xxxxx agrees and does hereby appoint Broker its attorney–in-fact to execute all documents necessary to perfect such lien, and this Agreement shall be Buyer’s consent to do so as required by Ohio state law. Warrantees - Buyer represents and warrants that it does not represent any third-party competitor of the Business, and is not an employee or agent of a competitor business. Buyer warrants that the sole purpose for requesting and receiving Confidential Information on the Business is to evaluate its desire to affect a purchase, merger and/or acquisition of the Business, and Buyer acknowledges and agrees that no compensation will be payable to Buyer as a result of a purchase or merger and/or acquisition. Xxxxx acknowledges and agrees that Xxxxxx and Xxxxxx are relying upon the Buyer’s agreement to be bound by the terms of this NDA in disclosing the Confidential Information to Buyer. Buyer further warrants that it is financially capable of purchasing the Business, has not filed for an undisclosed bankruptcy, and has not been convicted of any felony or crime and that Xxxxx has no legal impediments that would prevent it from purchasing the Business. No implied waiver - Either party’s failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a w...
Procuring Cause. Buyer hereby acknowledges that BizSell has contractual agreements with the Seller by which BizSell is Seller’s authorized agent in a potential Transaction. If the undersigned individually, and on behalf of any affiliated prospective Buyer, requests from BizSell Confidential Information about certain Businesses, then Buyer acknowledges that BizSell is: (a) the first to provide information about potential Transactions related to these Businesses; (b) the sole procuring cause should Buyer execute any Transaction pursuant to this Agreement; and (c) entitled to their commission for any possible Transaction. Buyer understands and acknowledges that divulging Confidential Information to another Broker or agent does not constitute a co-broker agreement and/or authorize splitting of fees between Brokers. Buyer further agrees to be responsible for any fees owed to any other Broker or agent with whom Buyer has signed a Buyers Brokerage Agreement. Buyer agrees that if the Buyer becomes involved or affiliated in any capacity with any Business(es) shown or offered for sale, or should Buyer buy, trade, lease, loan money to or exchange any Business(es) disclosed, then a fee will be due and payable immediately to BizSell. Buyer authorizes BizSell to act on Buyer’s behalf to negotiate a new lease or Real Estate Purchase from the owner of the property where the business (es) is located, and collect any fees if paid for such service. The Buyer warrants and agrees that the Broker is the sole procuring cause in such a transaction.
Procuring Cause. Co-Broker shall be deemed to have procured the sale of a Unit if Co-Broker, by and through its principal(s) or a duly licensed broker or salesperson registered with Co-Broker, Co- Broker shall have registered the Client with Developer in accordance with this Agreement. Furthermore, the Client (i) must not have personally (i.e. without a broker) registered with Developer during the preceding twelve (12) months, (ii) must not have been registered with Developer by another broker during the preceding one hundred twenty (120) days, (iii) within sixty (60) days after registering with Co-Broker, must submit a fully executed Agreement for Sale (which must be on Developer's unmodified form) and (iv) shall have closed on the applicable Unit pursuant to such fully executed Agreement for Sale.
Procuring Cause. Co-Broker shall be deemed to have procured the sale of a Unit if Co-Broker, by and through its principal(s) or a duly licensed broker or salesperson registered with Co-Broker, shall have registered the Client with Developer in accordance with this Agreement. Furthermore, the Client (i) must not have personally (i.e. without a broker) registered with Developer during the preceding six (6) months, (ii) must not have been registered with Developer by another broker during the preceding one hundred twenty (120) days, (iii) within ninety (90) days after registering with Co-Broker, must submit a fully executed Agreement for Sale (which must be on Developer's unmodified form), which shall reflect Co-Broker as the Co-Broker for the sale (provided that if the Client was properly registered by the Co-Broker, but does not submit a fully executed Agreement for Sale within the foregoing ninety (90) day time period, the Client shall not be deemed registered by Co-Broker, or any other co-broker, for a period of twelve (12) months from expiration of the foregoing ninety (90) day time period); and (iv) shall have closed on the applicable Unit pursuant to such fully executed Agreement for Sale. Co- Broker shall be required to re-demonstrate all of the requirements set forth in this Section 2(c) in the event that an Agreement for Sale is not executed during the foregoing ninety (90)-day time period.
