This Agreement is made effective as of this 01 day of September,2019 having head office located at NANDGAON ROAD DHARAMNAGAR MOD, DHARAMNAGAR , CHHATA(MATHURA).
In this Agreement, the party who is contracting to receive services shall be referred to as “the Company” and the party who will be providing the services shall be referred to as “the Agent”.
A. The parties shall be individually referred to as a Party and collectively referred to as the Party;
B. Agent has a background in marketing, advertising, negotiating and selling real estate properties and is willing to provide services to Company based on this background.
C. Company is the owner of certain property and the improvements thereon, the land and the improvements being hereinafter collectively referred to as the “Real Property”).
Company hereby grants to Agent the right to promote, market and get prospects customers for the Real Property described above and the Company hereby appoints Agent for such purpose, subject to the terms and conditions set forth in this Agreement. Company, promptly after Agents’ request, shall deliver to Agent complete copies of any records and documents relating to the Real Property in possession of Company.
2.1. Company shall refer to Agent all offers and inquiries, including those from outside brokers, or from principals or from others, with respect to the Real Property and shall conduct through Agent all negotiations with respect to the sale of the Real Property. Agent shall diligently investigate and develop such offers and inquiries and canvass, solicit and otherwise employ its best efforts to bring about the sale of the Real Property and to that end; Agent is authorized to enlist the services of other real estate brokers.
2.2. Beginning on the Effective Date, Agent will provide the above services including the following services (collectively, the “Services”) in connection with the sale of the above described property:
3.1. The Agent shall be compensated on the basis of the Compensation Plan devised by the Company and enlisted in Annexure A of the present Agreement.
3.2. In the Compensation Plan of the Company, the Agent shall be paid on the basis of the various levels achieved by it.
3.3. There can be two ways of income generation that is either directly or through achieving levels. The entire plan is discussed in Annexure A f the present Agreement.
All the expenses incurred for soliciting inquiries and converting sales shall be borne by the Agent and nothing will be reimbursable. No advertisements prior to official launch by the company using company name or company logos will be allowed. In case of shared advertisement between the company & the Agent, 50% of the advertisement cost will be borne by the company & the balance 50% by the Agent. Advertisements released by the Agent must be approved for design, type, creative & size in advance before each release in writing. This will apply both to joint advertisements with the business associates as well as for advertisements released by an Agent in its own capacity. The company will not bear any cost toward an advertisement released by an Agent in contravention of the above.
7.1. The Agent shall have NO LIABILITY for any qualitative, quantitative and any other latent, patent defect in the Property of the principal and Property delivered by the Company to the customer.
7.2. The Agent shall have NO LIABILITY for any delay in delivery on the part of the Company to the customer if the agent has only promised the customer, the time for delivery prescribed by the agent.
It is understood by the parties that Agent is an independent contractor with respect to Company and Agent is not an employee of the Company.
Agent’s employees, if any, who perform services for the Company under this Agreement shall also be bound by the provisions of this Agreement..
The Agent agrees to indemnify and hold harmless the Company from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against the Company that result from the acts or omissions of the Agent, Agent’s employees, if any.
Agent’s obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of the Company.
12.1. Agent agrees for itself, its successors, heirs and assigns to refrain from disclosing to any third party any information relating to the Real Property that are valuable, special and unique and that need to be protected from improper disclosure.
12.2. In consideration for the disclosure of the Information, Agent agrees that Agent will not at any time or in any manner, either directly or indirectly, use any Information for Agent’s own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Company. Agent will protect the Information and treat as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
Confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
Upon termination of this Agreement, the Agent shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in the Agent’s possession or under the Agent’s control and that are the Company’s property or relate to the Company’s business.
15.1. Any Notice required or permitted under this Agreement shall be in writing and shall be deemed delivered when
delivered in person or sent by registered post, addressed as follows:
• IF for the Company:
_______________________
_______________________
• IF for the Agent:
_______________________
_______________________
15.2. Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. Company can change terms and conditions anytime.
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The captions in this Agreement are for the purpose of convenience only, are not intended to be part of this Agreement and shall not be deemed to modify, explain, enlarge or restrict any of its provisions.
During the term of this Agreement, Agent shall look solely to the then interest of Company in the Premises for the satisfaction of any remedy of Agent for failure to perform any of Company’s obligations under this Agreement or under any law and no officer, director, employee or agent of Company shall have any personal liability for any such failure.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
The laws of the State of Uttar Pradeshshall govern this Agreement. All the disputes and matter related to this Agreement shall be brought up in the courts to Mathura.
One of our advisors will be in touch soon to discuss more details. We look forward to speaking with you.