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1. Parties: Identification of the broker and client, including full legal names and addresses
2. Background: Context of the agreement and brief description of the services to be provided
3. Definitions: Key terms used throughout the agreement including 'Success Fee', 'Mortgage', 'Property' and other relevant terms
4. Scope of Services: Detailed description of broker's services and obligations in securing commercial mortgage financing
5. Fee Structure: Detailed breakdown of fees, commission rates, and payment terms including success fees and retainer if applicable
6. Term and Termination: Duration of agreement and conditions for termination by either party
7. Representations and Warranties: Statements of fact and promises by both parties, including broker's licensing status
8. Confidentiality: Protection of sensitive information shared during the engagement
1. Exclusivity: Terms of exclusive representation, defining the broker's exclusive rights to represent the client
2. Tail Period: Post-termination period during which broker may still earn fees for introduced opportunities
3. Sub-brokers: Terms governing the engagement of other brokers or intermediaries
4. Marketing Budget: Terms regarding marketing expenses and reimbursement procedures
1. Fee Schedule: Detailed breakdown of all fees, commission structures, and payment terms
2. Service Level Agreement: Specific performance metrics and service standards expected from the broker
3. Required Disclosures: State and federal required broker disclosures and compliance statements
4. Broker Licenses: Copies of relevant licenses and certifications held by the broker
Broker
Client
Broker Fee
Success Fee
Commission
Commercial Mortgage
Closing
Effective Date
Exclusivity Period
Financing
Lender
Loan Amount
Material Terms
Mortgage Application
Property
Services
Term
Tail Period
Term Sheet
Transaction
Borrower
Confidential Information
Business Day
Binding Commitment
Closing Date
Due Diligence
Engagement Period
Force Majeure
Good Faith
Licensed Territory
Mortgage Terms
Reasonable Efforts
Refinancing
Regulated Activities
Appointment
Fees and Compensation
Payment Terms
Success Fee
Expenses
Exclusivity
Term and Termination
Confidentiality
Representations and Warranties
Indemnification
Non-Circumvention
Force Majeure
Assignment
Notices
Amendment
Governing Law
Dispute Resolution
Severability
Entire Agreement
Best Efforts
Compliance with Laws
Licensing
Client Cooperation
Marketing Authorization
Sub-Brokerage
Tail Rights
Third-Party Rights
Waiver
Counterparts
Survival
Data Protection
Anti-Money Laundering
Conflict of Interest
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