, assigns and affiliates herein referred to as the “BUYER” and Commercial Investment Strategies, LLC herein referred to as the “BROKER” and shall be in effect as of DATE for a period of 12 months.
1. Broker has agreed to provide Buyer with information on certain real estate properties and investments herein referred to as the “PROPERTY” under the following terms and conditions with the following understandings and agreements between the parties hereto. The Broker shall identify the Property by providing the Buyer a written description including disclosure if the property is listed and in the event that the Buyer has previously been introduced to the Property then the Buyer shall provide the broker written notice of the previous introduction within twenty-four hours and in such event that Property will be excluded from this Agreement. If the Buyer does not provide notice of previous introduction with twenty-four hours of identification by Broker then the Property shall be covered by this Agreement. Electronic mail (Email) shall be an acceptable form of written description and written notice.
2. Buyer shall not circumvent, avoid, or bypass either directly or indirectly the Broker nor shall Buyer release or disclose any Confidential Information regarding the Property. Buyer further agrees not to attempt in any manner or form, to avoid the payment of fees or commissions as required by this Agreement, if any, or breach any confidentiality regarding the Property and any information release thereof. The parties hereby agree that the laws and courts of the State of Hawaii have jurisdiction over any and all allegations of breach of this agreement. Buyer agrees not to deal, negotiate or communicate directly with the prospective Seller or Seller’s Broker of the Property. All such dealing, negotiate or communicate directly with the prospective Seller or Seller’s Broker of the Property. All such dealings, negotiations, discussions and communications shall be made through the Broker.
3. Buyer acknowledges that the Seller considers the details of the Property, which may be provided by the Seller, as confidential, containing valuable trade secrets and proprietary in nature. Buyer agrees to hold confidential and in trust and confidence all information supplied by the Seller and Broker regarding the Property. The information shall be used only for the contemplated purpose of evaluating the Property and shall not be disclosed to any third party without the written consent of the Seller. The Broker agrees to hold confidential and in trust and confidence all information supplied by the Buyer.
4. In the event that Buyer purchase the Property or acquires rights to assign the Property, and the Seller does not pay a commission to the Broker then Buyer agrees to pay the Broker an amount of three percent (3%) of the sales price less any amounts paid to the Broker by the Seller or Seller’s Broker. This commission amount will be paid directly to the Broker out of escrow upon the closing or first funding whichever is earliest.
5. In the event that Buyer acquires rights to the Property, leases the Property, or invests in the Property or enters into a relationship with the Seller regarding the Property such as, but not limited to a joint venture or partnership, Buyer agrees to pay the Broker within 7 days of finalizing such relationship with the Seller an amount of three percent (3%) of the compensation of the Property at the time of the signing of the Agreement between the Buyer and Seller, less any amounts paid to the Broker by the Seller. This paragraph does not pertain to the signing of a letter of interest or a letter of intent. In the event that the parties do circumvent the Broker, the Buyer agrees to compensate the Broker as described in this Agreement.
AGREED, ACKNOWLEDGED AND ACCEPTED: