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Business Broker Contract
1. Parties: Identification of the broker and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Success Fee', 'Target Business', etc.
4. Appointment and Scope: Terms of broker's appointment and detailed scope of services to be provided
5. Broker's Obligations: Detailed responsibilities and duties of the broker, including service standards and reporting requirements
6. Client's Obligations: Client's responsibilities, including providing information and cooperation
7. Exclusivity: Terms regarding exclusive or non-exclusive nature of the broker's appointment
8. Fees and Payment: Compensation structure, including retainer fees, success fees, and payment terms
9. Confidentiality: Obligations regarding confidential information handling and protection
10. Data Protection: GDPR compliance and data handling requirements
11. Term and Termination: Duration of the agreement and conditions for termination
12. Post-Termination: Rights and obligations that survive termination, including fee entitlements
13. Liability and Indemnification: Limitation of liability and indemnification provisions
14. General Provisions: Standard clauses including governing law, notices, and amendments
1. Success Fee Protection: Additional provisions protecting broker's right to success fee for future transactions, used when there's significant risk of circumvention
2. International Transactions: Special provisions for cross-border deals, included when broker services may involve international transactions
3. Sub-Contractors: Terms governing the use of sub-contractors or associated brokers, included when broker may need to involve third parties
4. Non-Solicitation: Restrictions on soliciting employees or clients, included in high-value or sensitive transactions
5. Intellectual Property: IP rights provisions, included when broker creates significant materials or uses proprietary methods
6. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or complex arrangements
7. Client References: Terms regarding broker's right to use client as reference, included when important for broker's marketing
1. Schedule 1 - Services Description: Detailed description of broker services and deliverables
2. Schedule 2 - Fee Structure: Detailed breakdown of all fees, calculations, and payment scenarios
3. Schedule 3 - Target Business Profile: Specific criteria and parameters of businesses to be targeted
4. Schedule 4 - Authorized Representatives: List of key contacts and authorized decision-makers from both parties
5. Schedule 5 - Required Information: List of information and documents client must provide
6. Appendix A - Compliance Requirements: Regulatory and compliance requirements specific to the industry or transaction type
7. Appendix B - Reporting Templates: Standard formats for progress reports and documentation
Authors
Broker
Broker's Fee
Business Day
Client
Commencement Date
Confidential Information
Consideration
Deal Protection Period
Effective Date
Exclusivity Period
Intellectual Property Rights
Introduced Party
Introduction
Material Adverse Change
Minimum Transaction Value
Personal Data
Professional Fees
Project
Relevant Transaction
Retainer Fee
Services
Success Fee
Target Business
Target Price Range
Term
Territory
Transaction
Transaction Documents
Transaction Value
Appointment
Exclusivity
Scope of Services
Broker's Obligations
Client's Obligations
Fees and Commission
Success Fee
Payment Terms
Confidentiality
Data Protection
Non-Circumvention
Non-Solicitation
Representations and Warranties
Deal Protection
Intellectual Property
Record Keeping
Compliance
Anti-Money Laundering
Force Majeure
Term
Termination
Post-Termination Rights
Limitation of Liability
Indemnification
Assignment
Notices
Entire Agreement
Severability
Governing Law
Dispute Resolution
Third Party Rights
Amendments
Waiver
Counterparts
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