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Seller
hereby appoints BIZNESS NETWORK (Broker) as Seller’s agent
and grants to Broker the sole exclusive and irrevocable right
to sell exchange lease or otherwise dispose of the above described
business assets right and property or any portion thereof (and
the term the Business as used herein shall be deemed to refer
to all or any portion thereof) during the period from _____________
20 _____ to and including ____________ 20 ____(the Selling Period)
for the price and on the payment terms set forth above or for
any other price and payment terms acceptable to Seller and Broker
shall endeavor to effect such sale exchange lease or other disposition
Seller agrees that if during the Sale Period (1) Broker procures
a buyer ready willing and able to buy the Business or to be
party to an exchange lease or other disposition thereof in accordance
with the terms hereof or (2) any agreement is made for the sale
exchange lease or other disposition of the business or (3) if
Seller enters into a management or similar arrangement involving
the Business or the real property any part of either of them
then Broker shall immediately become entitled to a commission
equal to the greater of $6,000.00 or 12% of the Total Price
or of Seller’s annual rate of compensation if he enters
into a management or similar arrangement as the case may be
in addition if the Business as sold exchanged leased or otherwise
disposed of within 24 months after the Selling Period or any
extension thereof to any person firm or other entity whom Broker
or any agent of Broker during the Selling Period or any extension
thereof solicited for the purchase of the Business or offered
showed or divulged or communicated to any such entity the availability
of the Business Seller shall immediately pay Broker commission
as if such sale exchange lease or other disposition occurred
during the Selling Period Seller shall pay Broker all costs
disbursements and expenses including attorneys fees incurred
by Broker in enforcing Seller’s obligation to pay its commission
as herein provided Seller hereby grants Broker a lien or security
interest on all of the assets and properties of the Business
to secure the payment to Broker of a all amounts payable by
Seller to Broker under this Agreement and Seller appoints Broker
its attorney in fact to prepare on behalf of Seller and in Seller’s
name and to file the documents (including any financing statement
if required) necessary to evidence and perfect such lien Broker’s
said right being coupled with an interest The term, Total Price
as used herein includes the cash and all other considerations
furnished by the Buyer and without limitation includes (a) the
purchase price of the assets plus any obligations assumed by
the Buyer and (b) the purchase price of corporate stock plus
all liabilities of the corporation whose stock is being sold.
Seller
warrants and represents that Seller has the legal right power
and authority to enter into and to perform this Agreement that
the above financial information with respect to the business
the information furnished by Seller in the Questionnaire attached
hereto and hereby made a part hereof and any other relevant
documents or material attached hereto or otherwise furnished
by Seller with respect to the assets. Financial affairs operations
or profitability of the Business are accurate and that Broker
may rely upon the accuracy thereof without independent investigation
Seller hereby authorizes Broker to divulge and communicate to
prospective buyers all of the aforementioned information and
data Seller will refer to Broker all inquiries concerning the
Business and its availability will cooperate fully with Broker
in all respects in the endeavor to consummate the disposition
thereof as herein provided, and will do nothing which might
impede or obstruct said disposition thereof Seller will protect
indemnify and hold harmless Broker against any claims or litigation
including any damages, liability , costs and attorney fees with
respect thereto resulting from Broker’s communication to
any prospective buyer of any of the said information or data
Seller will also be responsible to Broker for any commissions
lost by Broker as the result of any material misstatements or
misrepresentations by Seller in the aforementioned information
and data.
This
agreement constitutes the entire Agreement between the parties
hereto supersedes all previous agreements and understandings
between them and shall not be modified except in writing executed
by the parties. No representation or promises are made other
than as expressly set forth herein Seller expressly acknowledges
reading understanding and receiving a copy of this Agreement
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