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Broker Non Circumvention Agreement
"I need a Broker Non-Circumvention Agreement for my international real estate brokerage firm operating in Belgium, France, and Netherlands, protecting my commission rights and client relationships for a 3-year period starting January 2025, with specific provisions for cross-border transactions."
1. Parties: Identification of the broker and the party agreeing not to circumvent
2. Background: Context of the business relationship and purpose of the agreement
3. Definitions: Key terms including 'Circumvention', 'Confidential Information', 'Protected Relationships', 'Commission', and 'Territory'
4. Scope of Agreement: Defines the specific business activities, relationships, and territories covered by the non-circumvention obligation
5. Non-Circumvention Obligations: Core provisions preventing direct contact or business dealings with protected relationships
6. Confidentiality Obligations: Requirements regarding the handling and protection of confidential information
7. Duration: Term of the agreement and survival of obligations
8. Commission Rights: Details of the broker's right to commission for protected relationships
9. Representations and Warranties: Standard declarations by the parties regarding their capacity and authority
10. Breach and Remedies: Consequences of breach and available remedies including damages
11. General Provisions: Standard clauses including notices, entire agreement, amendments, and governing law
1. Non-Solicitation: Additional protection against soliciting employees or contractors, used when parties have access to each other's personnel
2. Specific Performance: Right to seek injunctive relief, included when monetary damages alone may be insufficient
3. Bank Guarantee: Required when additional financial security is needed for potential damages
4. Audit Rights: Right to audit records to verify compliance, used in high-value or complex relationships
5. Cross-Border Provisions: Additional provisions for international business relationships
6. Alternative Dispute Resolution: Mediation or arbitration clauses, used when parties prefer alternative to court litigation
7. Force Majeure: Included when parties want specific provisions for unforeseen circumstances
1. Schedule 1 - Protected Relationships: List of specific clients, contacts, or business relationships protected by the agreement
2. Schedule 2 - Territory Definition: Detailed description of geographic or market territories covered by the agreement
3. Schedule 3 - Commission Structure: Detailed breakdown of commission rates and calculation methods
4. Schedule 4 - Confidential Information: Specific types of confidential information covered by the agreement
5. Appendix A - Reporting Requirements: Format and frequency of required reports on business activities
6. Appendix B - Contact Protocols: Agreed procedures for communication with protected relationships
Authors
Real Estate
Financial Services
Business Brokerage
Investment Banking
International Trade
Mergers & Acquisitions
Commercial Property
Business Consulting
Private Equity
Venture Capital
Import/Export
Corporate Finance
Business Development
Legal
Business Development
Sales
Commercial
Corporate Development
Partnerships
Strategic Alliances
Mergers & Acquisitions
Investment
Operations
Risk Management
Compliance
Business Development Manager
Commercial Director
Chief Executive Officer
Business Broker
Real Estate Agent
Investment Advisor
Sales Director
Partnership Manager
Chief Commercial Officer
Business Consultant
Relationship Manager
Deal Originator
Strategic Alliance Manager
M&A Director
Business Development Executive
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