Page one (1) of three (3 )
Seller’s Transaction Code:
This agreement, effective this ____day of ______________,
2000, is between the undersigned parties involved in the
transaction defined by codes above, hereby join and bind
together, for mutual benefit and protection, all the
undersigned:
WITNESSETH; whereas, the parties (including their
associates, agents, affiliates and/or representatives
collectively or individually referred to as
“affiliates” herein) contemplate entering into or
participating in one or more business transactions
concurrently herewith and/or hereafter during the term if
this agreement (hereafter individually and/or collectively
referred to as the “subject business”) and whereas
parties mutually recognize that in such subject business
each may learn from the other (including affiliates) the
identity, address, and/or telephone/facsimile numbers of
clients, brokers, buyers, sellers, financiers,
(hereinafter referred to as “confidential sources”)
and/or information relating to bank accounts, transaction
codes, participating bank and or entities (hereinafter
referred to as “confidential information”) which the
other party possesses and may have acquired at substantial
cost or effort.
1. NON-CIRCUMVENTION:
Neither party (including affiliates of such party)
will attempt, directly or indirectly, to contact the other
parties transaction banks on matters of subject business
or contact or negotiate with a confidential source or make
use of any confidential information of the other party,
except through such other party or with the express
written consent of such other party as to each such
contact and/or use, after having entered into a commission
agreement with such other party. The parties or their
affiliates shall not contact, deal with, or otherwise
become involved in any transaction with any corporation,
partnership, individual, any banks, trust or lending
institutions which have been introduced by the other party
without the permission of the introducing party. Any
violation of this covenant shall be deemed an attempt to
circumvent such other party, and the party so violating
this covenant shall be liable for damages in favor of the
circumvented party.
2. NON-DISCLOSURE:
All confidential sources and confidential information of
each party are valuable property and shall remain the
exclusive property of such party. Neither party (nor any
of such parties’ affiliates) will disclose to any third
party any confidential information of the other party
obtained in the transaction of the subject business.
3. TERM / JURISDICTION:
This Agreement shall be binding upon the parties and
their respective legal representatives, successors, and
assigns for a period of three (3) years from the date last
affixed herein, including any extensions. This Agreement
shall be deemed to have been made in the State of
Oklahoma, within the United States of America, and shall
be construed and interpreted in accordance with the laws
of said State, including those of the applicable
International Law.
Initials______ Initials ______ Initials______
Initials______
Page one (1) of three (3)
Page two (2) of three (3)
Seller’s Transaction Code:
4. ARBITRATION / DAMAGES / COSTS:
In the event of any dispute as to meaning or enforcement
of this Agreement, parties are to submit the matter to
binding arbitration. Upon any breach of this Agreement,
the party default will pay to the other party (I) the
non-circumvention damages; (ii) all losses and/or breach;
(iii) all expenses incurred in enforcing any legal remedy
and/or right(s) based upon or arising out of this
Agreement.
5. WAIVERS:
No delay or failure by any party to exercise any right
under this Agreement, and no partial or single exercise of
the right, shall constitute a waiver of that or any other
right, unless otherwise expressly provided herein.
6. AWARD:
Each party shall have the right to receive from the Buyer,
or if agreed the Seller, the fee and commission for his
endeavor on the consummation of the contract and the
execution of the transaction according to the signed
agreement.
7. COUNTERPARTS / NOTICES:
This Agreement may be executed in two or more counterparts
and facsimile copies, each of, which shall be deemed an
original, but all of which together shall constitute one
and the same instrument. All notices or other documents
under this agreement shall be in writing and sent by
facsimile or computer-via or delivered personally or ailed
by certified mail, postage prepaid, and addressed to the
parties at their last known addresses. The spirit behind
this Agreement is one of mutual trust and confidence and
of the reliance of each other to do what is fair and
equitable.
8. COMMISSION DISTRIBUTION:
All commission fees will be distributed to the individuals
or groups named for the entire transaction, per tranche,
including any rolls and extensions. The fees will be paid
per the bank purchase order instructions, by wire
transfer, to the designated accounts of the beneficiaries
without protest, delay, or deductions, other than bank
wire transfer fees.
Fifty (50%) percent or one-half of the commission fee will
be paid to the Seller’s side for distribution to all
beneficiaries by the designated paymaster(s): The bank
coordinates to be advised in addition.
Fifty (50%) percent or one-half of the commission fee will
be paid to the Buyer’s side for distribution to all
beneficiaries by the designated paymaster(s): The bank
coordinates to be advised in addition.
Initials____ Initials ____ Initials ____ Initials ___
Page two (2) of three (3)
Page 3 of 3
Seller’s Transaction Code:
The payment of the fees listed on page two (2) of this
Agreement, will be covered by the purchase and sale
contact between the Seller and the Buyer in a separate
Appendix, to it which will constitute and integral part of
the purchase and sale contract and such payment for any
and all commissions will be made simultaneously with the
payment(s) to the Seller. As evidenced, by the signatures
below, it is hereby acknowledged that all mention in
sections one (1) to eight (8) above of this Agreement are
accepted and agreed without any change between the
signatories of this agreement. It is also understood, by
their initials and signatures, they agree to be bound to
this Agreement.
All Parties to this Agreement must sign and list the
information asked of each signatory.
Buyer's Side:
________________________
Name:
Passport #:
Country of issue:
Fax #:
________________________
Name:
Passport #:
Country of issue:
Fax #:
Seller's Side:
________________________
Name:
Passport #:
Country of issue:
Fax #:
________________________
Name:
Passport #:
Country of issue:
Fax #:
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