COMMISSION AGREEMENT
Commission Agreement -- Page 2 of 2 Date
(Sample Only)
6. No Third Party Agents
Broker warrants to Landlord that (a) there are no other agents or third parties which have been
involved or who are otherwise due any compensation from Landlord or Tenant by reason of the
execution of the Lease between Landlord or Tenant, (b) broker is fully licensed and legally entitled to
be paid a real estate commission and (c) broker has a binding written agency agreement with tenant
in which broker is the sole agent of tenant regarding this Lease.
7. Attorneys' Fees
Should litigation be necessary to enforce this Agreement, the prevailing party shall be entitled to its
attorney fees. Any litigation shall be located in Orange County, California, the County in which the
Premises are located.
8. Broker Indemnity
Broker agrees to indemnify, protect, defend and hold Landlord harmless from any liability or expense
(including attorney fees) incurred by Landlord by reason of any claim by Tenant that Broker
misrepresented to Tenant concerning any aspect of the Premises including without limitation, the
zoning, condition, use, size of the improvements at the Premises or availability of any utility for the
Premises.
9. Lease Signature Deadline
This Agreement shall only be binding on Landlord if: (i) Landlord and Tenant have fully executed
the Lease and completed all Exhibits to the Lease by 5:00 PM on ; and (ii) Tenant
has provided Landlord the following documents required of Tenant under the Lease: (a) Certificate of
Insurance or Binder pursuant to Section 8 of the Lease; (b) Corporate Resolution and Certificate of
Secretary authorizing the Lease per Paragraph 44 of the Lease; and (c) the prepaid Base Rent and
Security Deposit in good U.S. Funds.
After this deadline, this Agreement shall have no further effect, and Landlord shall have no
obligation to pay any portion of the commission or any other compensation to Broker.
10. Date of Agreement; Signatures
This Agreement is made in Newport Beach, California, and is dated as of and is signed by
Landlord and Broker as follows:
ACCEPTED AND AGREED BY:
Landlord: Broker:
By: ICM-JAE INVESTMENTS, LTD., ET. AL. _________________________________
a California limited partnership a licensed real estate brokerage company
as its General Partner
By: ICM-JAE INVESTMENTS LLC By:
a California limited liability company
as its Managing General Partner Agent:
Please print name
By:
JOSEPH A. ERICKSON
Manager
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