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Exclusive Tenant Brokerage Agreement
"I need an Exclusive Tenant Brokerage Agreement under Dutch law for my retail company's expansion, seeking multiple commercial properties in Amsterdam and Rotterdam, with a broker success fee structure that accounts for multiple successful transactions and an exclusivity period until December 2025."
1. Parties: Identification of the broker and the client (prospective tenant), including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the client's desire to find suitable property to rent and the broker's professional capacity
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Services', 'Exclusive Period', and 'Success Fee'
4. Appointment and Scope: Formal appointment of the broker and detailed description of the services to be provided, emphasizing the exclusive nature of the arrangement
5. Duration and Exclusivity: Term of the agreement and explicit provisions regarding the exclusive nature of the relationship
6. Broker's Obligations: Detailed listing of the broker's responsibilities, including search efforts, negotiations, and professional conduct requirements
7. Client's Obligations: Client's responsibilities, including providing accurate information, maintaining exclusivity, and cooperation requirements
8. Fees and Payment Terms: Structure and timing of broker's fees, including success fee, payment terms, and any additional costs
9. Confidentiality: Obligations regarding confidential information exchanged during the brokerage relationship
10. Liability and Indemnification: Limitations of broker's liability and indemnification provisions in accordance with Dutch law
11. Termination: Circumstances and procedures for terminating the agreement, including notice requirements and consequences
12. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement clause
1. Property Requirements: Detailed specifications of the desired property, used when client has specific requirements that need to be contractually documented
2. International Services: Additional provisions for international clients or cross-border property searches
3. Anti-Money Laundering Compliance: Specific provisions regarding AML requirements, particularly relevant for high-value transactions or international clients
4. Data Protection: Detailed GDPR compliance provisions, particularly relevant when extensive personal data processing is involved
5. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant in uncertain market conditions
6. Sub-Agents: Provisions regarding the potential use of sub-agents or partner brokers, when applicable
1. Schedule 1 - Service Description: Detailed breakdown of all services included in the broker's scope of work
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, including circumstances triggering success fee and calculation methods
3. Schedule 3 - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and special requirements
4. Schedule 4 - Excluded Properties: List of properties already known to the client or excluded from the scope of the agreement
5. Appendix A - Broker's Credentials: Copies of broker's professional registrations and certifications
6. Appendix B - Power of Attorney: Optional power of attorney for broker to act on behalf of client in specific circumstances
Authors
Real Estate
Professional Services
Legal Services
Commercial Property
Residential Property
Retail
Office Space
Industrial
Hospitality
Healthcare
Education
Legal
Real Estate
Operations
Facilities
Finance
Compliance
Corporate Services
Business Development
Administration
Risk Management
Procurement
Real Estate Broker
Tenant Representative
Property Consultant
Legal Counsel
Compliance Officer
Facilities Manager
Real Estate Manager
Operations Director
Chief Financial Officer
Business Development Manager
Relocation Manager
Property Search Consultant
Corporate Real Estate Manager
Expansion Manager
Site Selection Manager
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