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Co-Brokerage Agreement

This agreement is entered into this ____________

Between:

 ____________________  (hereafter COMPANY)

and

___________________________________ (hereafter Selling Broker)

COMPANY shall give Selling Broker the authority to participate in the transaction entered into between their Prospect and the Sellers of the following property(ies).

1) ___________________________________________________________

2) ___________________________________________________________

3) ___________________________________________________________

1.  It is our understanding that Selling Broker wishes to register with COMPANY the person or entity as a potential purchaser of the Property. 

Selling Broker is unauthorized to discuss the sale of the Property with Prospect until Selling Broker has received an executed copy of this Agreement countersigned by COMPANY which shall serve as authorization for Selling Broker to discuss the sale of the Property with Prospect only.

2.  Upon our receipt of this Agreement signed by Selling Broker, COMPANY will provide the Selling Broker with certain confidential information relative to the business and affairs of the Property, as well as other information that may be pertinent to the sale of the Property or specific information requested by the Prospect, all of which will hereinafter be referred to as Confidential Information.

Said Confidential Information is believed to be accurate and has been obtained from sources believed to be reliable however, neither COMPANY nor the Seller makes any claims or assumes any responsibility for the accuracy or completeness of the Confidential Information. Neither the Seller nor COMPANY shall have any liability for any reason to the Prospect and/or Selling Broker resulting from the use of the Confidential information by the Prospect and/or Selling Broker. 

COMPANY encourages Prospect to thoroughly review and independently verify to Prospect's own satisfaction that the data provided is substantially representative of the property and/or can be relied upon when considering the purchase.

3.  If the Prospect actually consummates a purchase of the Property, COMPANY agrees to pay Selling Broker a fee as indicated in this Agreement.  Fee will be paid when COMPANY actually receives the brokerage fee from the Owner.  Until COMPANY receives such fee, COMPANY will have no obligation whatsoever to Selling Broker. 

If the total commission is paid directly to Selling Broker, then Selling Broker agrees to pay COMPANY their share of commission and fees as outlined in this agreement.  Notwithstanding any other offer to cooperate, in the event that COMPANY does not in fact collect the commission due for a transaction for which Selling Broker is entitled to share a commission with COMPANY pursuant to this agreement, no commission shall be due or payable from COMPANY to Selling Broker. 

In the event a partial commission is collected by COMPANY, then the amount collected shall be prorated between COMPANY and Selling Broker in the same proportion as the full commission would have been divided.

4.  Selling Broker represents and covenants that Selling Broker is, and at the time of consummation of any sale of the Property to Prospect, that Selling Broker will be a duly licensed real estate broker.

5.  The parties agree signatures and initials thereto shall be deemed an original document with the same legal force and effect as an original.

6.  COMPANY shall declare it's role of "representation" (according to Florida Law) for each listing.  Selling Broker is required to do the same.

7.  This agreement shall remain in effect for a period of Twelve (12) months and shall be limited to the above referenced Property and the named Prospect and this obligation shall not be affected if the Seller subsequently lists the property directly with the Selling Broker. 

Any future registration of any other Prospect for the property(s) stated herein or any other Property must be agreed upon expressly within another agreement.

8.  All Confidential Information furnished to Selling Broker, and Prospect, shall be the property of COMPANY. The Confidential Information may be used by the Prospect solely for the purpose of determining the Prospect's interest in the Property and may not be copied or duplicated by the Selling Broker or Prospect without the written consent of COMPANY.

The Confidential Information is to be returned to COMPANY immediately upon request or when the Prospect declines to make an offer for the Property or terminates any discussions or negotiations with respect to the Property. The Selling Broker may not make any Confidential Information available, or disclose any of the contents thereof, to any person other than the Prospect. Any breach of this Confidentiality Agreement shall result in the forfeiture of any fees due Selling Broker. 

Selling Broker agrees during the term not to discuss the sale of the Property directly with the Seller, staff, personnel or tenants at the Property, nor visit the site without an agent from COMPANY nor make phone calls to the site making reference to the property being offered for sale, nor make known to other parties that the property is being considered for sale or purchase without prior written permission from COMPANY.  All offers and questions shall be presented to the Seller through COMPANY.

9.  Selling Broker indemnifies and saves harmless COMPANY and the Seller and our respective affiliates, successors, and assigns against and from any loss, liability or expense, including attorney's fees, arising out of any claim by any other party if such claim is based in whole or in part on dealings with Selling Broker and/or any breach of any of the terms of this agreement by Selling Broker. 

In the event that the Selling Broker or Prospect violates the confidentiality covenant or any other covenant herein with respect to one or more of the properties stated within, both Seller and COMPANY shall be entitled to all remedies provided by law, including, but not limited to, injunctive relief and damages.

10.  The Property is offered for sale subject to withdrawal from the market, change in offering price, prior sale or rejection of any offer because of the terms thereof, lack of satisfactory credit references of any Prospect, or for any other reason whatsoever without notice. The Property is being offered without regard to race, creed, sex, religion or national origin.

11.  If any of the terms or provisions of this agreement is held or deemed to be invalid or unenforceable by a court of competent jurisdiction, this agreement shall be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this agreement.

12.  The Selling Broker shall not have the right to advertise that the property (unless otherwise agreed to in a separate agreement) is for sale and COMPANY has the exclusive rights to publicize the sale of the property in the event of a sale.

13.  The terms a purchase, a sale or other similar language refers to the purchase or sale of all or a portion of the Property or any interest in the Property, to the purchase and leaseback of the Property or to any joint venture, development or Trusteeship between the Seller and Prospect, or to any gift, option, voluntary transfer for consideration, lease with option to buy, lease purchase, contract for deed, any deferred closing technique, exchange, or by any other conveyance or transfer of any legal or equitable interest in the property to any person or entity, including any entity owned or controlled to any extent either directly or indirectly by Prospect.

14.  By the signatures below and execution of this agreement thereby, each of the signatories separately and individually and their associates confirm that any corporation, organization, firm, company or individual of which this signatory is a part to or of, member of, principal of, or agents for said association is bound hereby.

15.  NO COMMISSION WILL BE DUE TO THE SELLING BROKER IF THE SELLING BROKER FAILS TO REGISTER A PRINCIPAL. NO COMMISSION WILL BE DUE TO THE SELLING BROKER IF A BROKERAGE COMPANY, BROKER OR AGENT IS REGISTERED WHEN THEY ARE NOT THE ENTITY PURCHASING THE PROPERTY.

16.  COMPANY CANNOT PREVENT A BUYER FROM GOING TO ANOTHER BROKER AFTER THE BUYER HAS BEEN REGISTERED BY YOU AND YOUR FIRM. SELLING BROKERS SHOULD PROTECT THEMSELVES FROM BUYERS WHO MAY RECEIVE INFORMATION FROM YOU AND THEN LATER GO TO ANOTHER BROKER FOR ONE REASON OR ANOTHER TO PURCHASE THE PROPERTY.  IT IS NECESSARY TO HAVE THE BUYER SIGN A NON- CIRCUMVENTION/CONFIDENTIALITY AGREEMENT WHICH COMPANY HAS AVAILABLE UPON REQUEST.  COMPANY WILL PROTECT YOUR REGISTERED BUYER FOR A PERIOD OF (1) YEAR FROM SIGNING DATE.

17. Neither Selling Broker or the Prospective Purchaser(s) shall visit the Property(s), or contact the owners, their employees, tenants or customers without the written authorization of COMPANY. Violation of this covenant will void COMPANY's offer to compensate Selling Broker in the event of a sale.  In addition, Selling Broker may also be responsible to COMPANY for any lost commissions, if Selling Broker's acts causes our relationship with Seller to become compromised or terminated and Selling Broker will be liable to Seller for damages resulting from Selling Broker's actions.

Signature ___________________              

Signature ___________________              

Signature ___________________