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Broker Exclusive Agreement
"I need a Broker Exclusive Agreement for appointing an Indonesian real estate broker to exclusively handle our commercial property portfolio in Jakarta and Surabaya, with a performance-based commission structure and a contract term starting from January 2025."
1. Parties: Identification of the principal and the broker, including their full legal names, addresses, and registration details
2. Background: Context of the agreement, including the principal's business and need for brokerage services
3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Services', 'Commission', and 'Exclusive Period'
4. Appointment and Scope: Terms of the broker's exclusive appointment and detailed scope of authorized services
5. Duration and Exclusivity: Term of the agreement and specific exclusivity provisions
6. Broker's Rights and Obligations: Detailed responsibilities and authorities of the broker
7. Principal's Rights and Obligations: Principal's commitments and responsibilities to support the broker's activities
8. Commission Structure: Detailed commission calculations, payment terms, and conditions for commission eligibility
9. Confidentiality: Provisions for handling confidential information and trade secrets
10. Representations and Warranties: Standard warranties regarding authority, capacity, and compliance with laws
11. Termination: Grounds for termination and post-termination obligations
12. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Performance Targets: Specific sales or performance targets, used when the agreement includes performance-based conditions
2. Marketing and Promotion: Specific requirements for marketing activities, included when the broker has marketing responsibilities
3. Territory Exclusions: Specific geographical or customer exclusions from the territory, used when certain areas or customers are reserved
4. Sub-broker Provisions: Terms governing the appointment of sub-brokers, included when sub-brokerage is permitted
5. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk transactions
6. Data Protection: Specific data protection obligations, included when personal data processing is involved
7. Non-Competition: Post-termination restrictions, included when competitive activities need to be restricted
1. Commission Rates Schedule: Detailed breakdown of commission rates for different types of transactions or products
2. Territory Description: Detailed description of the geographical area or market segment covered by the exclusivity
3. Approved Products/Services: List of products or services covered by the brokerage agreement
4. Reporting Templates: Standard forms for periodic activity reporting
5. Service Level Requirements: Detailed performance standards and service level expectations
6. Key Personnel: List of key personnel assigned to the account from both parties
Authors
Real Estate
Financial Services
Insurance
International Trade
Commodities Trading
Securities and Investments
Commercial Property
Industrial Property
Agricultural Products
Energy and Resources
Manufacturing
Import/Export
Legal
Commercial
Business Development
Sales
Compliance
Operations
Corporate Secretariat
Risk Management
Finance
Partner Relations
Chief Commercial Officer
Business Development Manager
Sales Director
Legal Counsel
Compliance Officer
Contract Manager
Commercial Director
Chief Executive Officer
Broker Relations Manager
Regional Sales Manager
Business Development Director
Chief Legal Officer
Partnership Manager
Operations Director
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