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Business Broker Agreement
"I need a Business Broker Agreement under Dutch law for an exclusive arrangement where our broker will handle the sale of our technology subsidiaries across the Benelux region, with a minimum target sale price of €5M per transaction and the agreement to commence from March 2025."
1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Key terms used throughout the agreement
4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of services to be provided
5. Broker's Obligations: Detailed responsibilities and duties of the broker, including standards of service
6. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation
7. Exclusivity: Whether the broker has exclusive rights to represent the client
8. Fee Structure and Payment Terms: Detailed breakdown of fees, commission rates, and payment conditions
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Liability and Indemnification: Limitations of liability and indemnification provisions
12. Data Protection: Compliance with GDPR and data protection requirements
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including force majeure, severability, and entire agreement
1. Success Fee Structure: Detailed provisions for success-based compensation, used when fee structure includes performance-based elements
2. International Transactions: Additional provisions for cross-border transactions, used when broker may operate internationally
3. Non-Compete and Non-Solicitation: Restrictions on competitive activities, used when protecting specific market interests
4. Intellectual Property Rights: IP protection clauses, used when broker's services involve creation or use of intellectual property
5. Sub-Contractors: Provisions regarding the use of sub-contractors or agents, used when broker may need to delegate work
6. Marketing and Promotion: Terms regarding how the broker may market the client's business, used when specific marketing restrictions are needed
7. Dispute Resolution: Alternative dispute resolution procedures, used when parties prefer mediation or arbitration
8. Insurance Requirements: Specific insurance obligations, used when higher-risk transactions are involved
1. Schedule A - Service Description: Detailed breakdown of services to be provided by the broker
2. Schedule B - Fee Schedule: Detailed fee structure, commission rates, and calculation methods
3. Schedule C - Target Business Profile: Specific criteria or parameters for target businesses or transactions
4. Schedule D - Reporting Requirements: Format and frequency of progress reports and updates
5. Schedule E - Authorized Representatives: List of authorized contacts for both parties
6. Appendix 1 - Standard Operating Procedures: Detailed procedures for various aspects of the broker's services
7. Appendix 2 - Compliance Requirements: Specific regulatory or compliance requirements applicable to the services
8. Appendix 3 - Due Diligence Checklist: Standard checklist for due diligence procedures
Authors
Authorized Representatives
Broker
Broker Services
Business Day
Client
Commencement Date
Confidential Information
Completion
Due Diligence
Effective Date
Exclusivity Period
Force Majeure Event
Intellectual Property Rights
Introduction
Material Adverse Change
Party/Parties
Personal Data
Professional Standards
Prospective Buyer
Prospective Seller
Purchase Price
Success Fee
Retainer Fee
Services
Target Business
Term
Territory
Transaction
Transaction Documents
Working Hours
Commission
Engagement Period
Financial Year
Group Company
Listing Agreement
Marketing Materials
Net Sale Proceeds
Professional Indemnity Insurance
Qualifying Transaction
Termination Date
Scope of Services
Exclusivity
Broker's Obligations
Client's Obligations
Fees and Commission
Payment Terms
Success Fee
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Representations and Warranties
Intellectual Property
Limitation of Liability
Indemnification
Force Majeure
Term
Termination
Consequences of Termination
Assignment
Severability
Entire Agreement
Notices
Amendment
Waiver
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Compliance with Laws
Anti-Money Laundering
Insurance
Record Keeping
Marketing and Promotion
Reporting Requirements
Sub-Contracting
Good Faith
Authority and Capacity
Costs and Expenses
Financial Services
Professional Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Hospitality
Construction
Transportation
Energy
Agriculture
Education
Telecommunications
Legal
Finance
Corporate Development
Mergers & Acquisitions
Business Development
Strategy
Risk Management
Compliance
Executive Leadership
Investment
Commercial Operations
Chief Executive Officer
Chief Financial Officer
Business Development Director
Mergers & Acquisitions Manager
Corporate Development Manager
Legal Counsel
Business Broker
Commercial Director
Strategy Director
Investment Manager
Transaction Advisory Manager
Business Owner
Managing Director
Corporate Finance Manager
Risk Manager
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