COMMISSION AGREEMENT

Agr: date of conclusion, (напр.:Friday, 31 December 2021)📆                                                                              Place of conclusion

Повне найменування (Eng.) ,   a  duly  organized  and  existing  under  the  laws  of  Країна реєстрації (Eng.) ,  registered office  at Адреса місцезнаходження (юридична адреса) (Eng.)   represented by Посада представника (Eng.)  ПІБ представника (Eng.) (the “Скорочене найменування (Eng.) ” or the "Principal")

AND

Повне найменування (Eng.) , duly organized and existing under the laws of Країна реєстрації (Eng.) , represented by Посада представника (Eng.) ПІБ представника (Eng.) (hereinafter - the “Commissioner”)

Скорочене найменування (Eng.) and Скорочене найменування (Eng.) being hereafter collectively referred to as the "Parties" and each of them as a "Party";

In consideration of the mutual agreements and covenants herein contained, the Parties hereto agree as follows:

1.  AGENCY:  The Principal appoints the Commissioner as its non-exclusive agent for the following purposes: to concluse tenancy contract for Principal  on its' own behalf and in the interest of the Principal, to facilitate and to preliminary negotiate with the Landlord in relation to rendition of potential accomodation of the Principal's employee.  The Commissioner shall, but not limited to, preliminary analyze, procure, inspect and rent  the living space for Principal's employee in ____.

2.  INDEPENDENT CONTRACTOR:  This Agreement shall not render the Commissioner  an employee, partner, or joint venturer with the Principal for any purpose. The Commissioner, acting at its own risk and at its own expense, is and will remain an independent contractor in his or her relationship to the Principal. The Principal shall not be responsible for withholding taxes with respect to the Commissioner's compensation hereunder. The Commissioner shall have no claim against the Principal hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind or any other claims arising out of realization of this agreement. Any clause that is not covered by terms of this Agreement shall be mutually agreed by the parties in writing.

3. DUTIES: The following duties shall be required of Commissioner:

• Act as an intermediary between tenant and landlord.
• Represent the best interests of clients during negotiations and transactions.
• Conduct market research to determine competitive market prices.
• Provide Principal with information on property values, trends, and market conditions.
• Host open houses and property viewings.
• Property Search:
• Assist Principal in finding properties that meet its' needs and budget.
• Schedule and accompany Principal and its' employee to property viewings.
• Negotiate rental offers, counteroffers, and rental agreements.
• Ensure that all terms and conditions of tenancy agreements are met.
• Prepare and review necessary paperwork, including contracts, agreements, and disclosures.
• Ensure all documents comply with legal requirements and are accurately completed.
• Provide guidance on property values and other real estate matters.
• Address any concerns or questions Principal may have throughout the leasing process.
• Commissioner shall has authority to bind Company to any agreement or contract.

The following duties shall be required of the Principal:

• The Principal shall promptly inform the Commissioner about requirements to the accomodation.
• due payment of Commissioner's fee.  

4.  Commission:  For the Commissioner's services, the Principal shall pay the Commissioner the following Commission percentage: commission % (commission, прописом (eng.) per cents) of the total yearly value of the tenancy contract concluded by the Commissioner for the Company. The fee shall be paid during 365 days upon tenancy contract conclusion in the interest of the Principal. 

5. EXPENSES:  The Principal shall not be obligated to reimburse the Commissioner for any additional expenses incurred in the performance of services pursuant to this Agreement unless agreed in writing by the Principal in advance

6.  TERM:  Unless renewed, this Agreement expires in 36 month from the date of its original signing. 

7.  RENEWAL: This Agreement shall be renewed prior to its expiration as per mutual consent of the Parties

8.  MODIFICATION:  This Agreement may not be modified except by amendment made in writing and signed by both the Principal and the Commissioner. No waiver of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

9.  ENTIRE AGREEMENT:  This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes all prior discussions between the Parties.  No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the Parties. Any subsequent change or changes in the Agent's duties or commission will not affect the validity or scope of this Agreement.

10. CONFIDENTIALITY

Unless required to do so by any applicable law, regulation, supervisory authority or court decision, or to enable it to properly perform its obligations, neither Party to this Agreement nor their staff or Commissioners shall divulge to any other person any confidential information related to the Commissioner, its activities and investors, as well as to the businesses of the other Party of which it may become aware and in possession in the course of its duties.

11. GOVERNING LAW AND JURISDICTION 

This Agreement shall be governed by and construed in accordance with the Laws of the Grand Duchy of Luxembourg . Any litigation arising hereunder shall be submitted to the exclusive jurisdiction by the courts of the Grand Duchy of Luxembourg . The Parties hereby expressly consent to the jurisdiction of arbitration rules and principles located in the Grand Duchy of Luxembourg for any lawsuit filed arising from or relating to this Agreement.

12.  SEVERABILITY:  If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.

13.  HEADINGS:  Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.

14.  ADDITIONAL ACKNOWLEDGMENTS:  Both parties acknowledge and agree that: (a) the parties are executing this Agreement voluntarily and without any duress or undue influence; (b) the parties have carefully read this Agreement and have asked any questions needed to understand the terms, consequences, and binding effect of this Agreement and fully understand them; and (c) the parties have sought the advice of an attorney of their respective choice if so desired prior to signing this Agreement. 

15.  FURTHER DOCUMENT:  If any other provisions or agreements are necessary to enforce the intent of this document, both parties agree to execute such provisions or agreements upon request.

16. RECOURSE: if the Company shall be in breach of any provision of this Agreement, Agent shall promptly in writing notify the Company on such breach and state the course of action required. Company shall have reasonable time to cure the provision by taking appropriate actions to satisfy the Agent. Any material breach shall be attempted to be negotiated between the Agent the Company in amicable way. In case such negotiation fail, any party may inform the other of her intention to apply and resolve this issue at arbitration in agreed forum. This action shall not serve to hault or otherwise delay any project that maybe currently under realization. 

Executed on Agr: date of conclusion, (напр.:Friday, 31 December 2021)📆 .

_______________________                               

For the Principal

Скорочене найменування (Eng.)                                         

Name:Посада представника (Eng.)  ПІБ представника (Eng.)      

 _______________________

For the Commissioner

Скорочене найменування (Eng.)               

Name: Посада представника (Eng.)  ПІБ представника (Eng.)