Representing telecommunications company in defense of litigation alleging breach of
a sales commission agreement.
Not exact matches
The SSE Holdings LLC
Agreement will also reflect a split of LLC Interests such that one LLC Interest can be acquired with the net proceeds received in the initial offering from the
sale of one share of our Class A common stock, after the deduction of underwriting discounts and
commissions.
Description: By Resolution A-24, approved on January 18, 2018, the School Reform
Commission declared the former Ada Lewis School, located at 6199 Ardleigh Street, Philadelphia, PA («Property»), unused and unnecessary and authorized The School District of Philadelphia («School District») to enter into an
Agreement of
Sale to sell the Property to Green Star, LLC or its affiliate («Buyer») for $ 2,418,000.
In light of this new agency
commission model where Amazon and Apple will no longer carry the product per se but have an
agreement to sell titles via their site in exchange for a 30 %
commission on the
sale (see earlier post to get up to speed), suddenly agents need to re-examine the whole definition of net receipts in publishing contracts.
A. «Agency
Agreement» means an agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
Agreement» means an
agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
agreement between an E-book Publisher and an E-book Retailer under which the E-book Publisher Sells E-books to consumers through the E-book Retailer, which under the
agreement acts as an agent of the E-book Publisher and is paid a commission in connection with the Sale of one or more of the E-book Publisher's
agreement acts as an agent of the E-book Publisher and is paid a
commission in connection with the
Sale of one or more of the E-book Publisher's E-books.
T. «Wholesale Price» means (1) the net amount, after any discounts or other adjustments (not including promotional allowances subject to Section 2 (d) of the Robinson - Patman Act, 15 U.S.C. 13 (d)-RRB-, that an E-book Retailer pays to an E-book Publisher for an E-book that the E-book Retailer Sells to consumers; or (2) the Retail Price at which an E-book Publisher, under an Agency
Agreement, Sells an E-book to consumers through an E-book Retailer minus the
commission or other payment that E-book Publisher pays to the E-book Retailer in connection with or that is reasonably allocated to that
Sale.
There is some protection for ebook prices under agency
agreements, however: «The aggregate value of the price discounts or promotions offered by any retailer should not exceed the aggregate amount equal to the total
commissions the publisher pays to that retailer over a 12 - month period in connection with the
sale of its ebooks to consumers.»
Can delist any of your ebooks from Draft2Digital or terminate this
Agreement at any time, provided that Draft2Digital is entitled to its 15 %
commission on
sales of your books prior to delisting.
The Company filed a Form 8 - K with the Securities and Exchange
Commission stating that Barnes & Noble and Microsoft have agreed to terminate their commercial
agreement including any associated obligations for international content acquisition and
sale.
* As stated in the prospectus (pdf) dated 5/1/2018 ** Pursuant to an operating expense limitation
agreement between Heartland Advisors and Heartland Group, Inc., on behalf of the Fund, Heartland Advisors has agreed to waive its management fees and / or pay expenses of the Fund to ensure that the Fund's total annual fund operating expenses (excluding front - end or contingent deferred
sales loads, taxes, leverage, interest, brokerage
commissions, expenses incurred in connection with any merger or reorganization, dividends or interest expenses on short positions, acquired fund fees and expenses, or extraordinary expenses) do not exceed 1.25 % of the Fund's average daily net assets for the Investor Class Shares and 0.99 % for the Institutional Class Shares through at least May 1, 2019, and subject to annual re-approval of the
agreement by the Board of Directors, thereafter.
The
agreement should also state whether such
sales, if allowed, would require the artist to pay a
commission to the gallery.
Understanding and managing
sales and service
agreements including
commission, consignment and licensing.
A Consignment
Agreement will outline the details, like the
commission rate and the deadline for selling the item (s), and what happens if there is no
sale.
Usually, the consignee collects the
sales price of the merchandise, keeps a percentage as a
commission, and pays the balance to the consignor.The Consignment Contract
Agreement is a simple but flexible document that provides a variety of optional paragraphs.
Our lawyers handle all types of real estate disputes, including claims for design and planning negligence, easements and title disputes, breaches of commercial leases and purchase and
sale agreements, landlord - tenant disputes, inverse condemnation, and real estate
commission disputes.
The issue in this case was whether an
agreement which provided for the payment of
commission on a
sale of real property included an obligation to pay
commission on a
sale of shares in the company which owned the property.
When you're about to hire that stellar new
sales employee who works on
commission, or you're about accept a great job that includes commissions, a Commission Agreement is yo
commission, or you're about accept a great job that includes
commissions, a
Commission Agreement is yo
Commission Agreement is your friend.
The listing
agreement contained a holdover clause which provided that the vendor would pay Ariston a
commission of 5 % of the
sale price in the event that the property was sold within six months after the expiry of the listing
agreement to any party to whom Ariston introduced the property... [more]
In OFT v Foxtons Ltd [2009] EWHC 1681 (Ch), [2009] All ER (D) 110 (Jul) Mann J sent shock waves well beyond the Foxtons» head office as he branded as unfair within the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083)(UTCCR) and so unenforceable, conditions which required the landlord to pay
commission on renewals of letting
agreements and
sales of rented properties.
First, as it is unlikely that land transactions will involve a «hardcore» breach of Art 101 (1)(but that might be possible for example in the
sale of off - plan leases as between competing developers) the key question is whether the land
agreement is «by object» anti-competitive based on the evidence of its effect (the treatment of «hardcore» infringing
agreements as ones classified «by object» is reflected in the
Commission's own Guidelines; 2004 / C 101/08; para 21, and see the Guidance Note para 2.1 and footnote 13).
When Allan Hobbs was offered a
sales job by TDI, he signed an
agreement covering everything except
commissions.
These needs include wills, powers of attorney, notarizations,
commissionings,
sale conveyances, purchase conveyances, incorporations, amicable marriage contracts, the ILA for them, amicable (i.e., non-litigious) separation
agreements, the ILA for them, etc..
Ms. Morrow argued that in failing to do so, the broker had breached the listing
agreement thus disentitling the broker to the
commission of the aborted
sale which to it would otherwise have been entitled to pursuant to the listing
agreement.
Under the Alabama
Sales Representative's
Commission Contracts Act, businesses must pay the independent representative
commissions based on the terms of their
agreement or industry customs.
For a general agency
agreement, ie one which does not contemplate limiting the seller to using only one agent, a term would generally be implied into the contract requiring that the agent «effectively cause»
sale: if the agent does not cause
sale, they will not be entitled to their
commission (see Dashwood v Fleurets Limited [2007] EWHC 1610 (QB), [2007] All ER (D) 67 (Jul)-RRB-.
Kochava plans to implement its token
sale through the simple
agreement for future tokens (SAFT) framework, which was created to allow issuers to use Reg D, and in turn, stay on the right side of the Securities and Exchange
Commission (although its yet to be seen whether the SEC agrees).
If the
agreement provides that
commission is payable even if the potential
sale gets aborted, make sure the seller understands that.
It's called «
commission agreement» to sell a property not listed for
sale.»
From my point of view: Just because an agent has entered into a buyer's
agreement with someone, that agent should not have the legal power to just send out their perspective buyers to open houses and then expect the buyer to simply go back to that agent for the preparation of the A of P&S that may eventually result into a
sale and the pocketing of the selling
commission.
Further, «where a real estate broker has an exclusive listing and has established that the property described in the listing
agreement has been sold, a prima facie case is established for a
commission upon the entire
sales price.»
In my buyer agency
agreement, I write that my compensation is «X percent of
sales price + [Y percent of savings (list price —
sales price + seller subsidy) if > 0] + any additional
commission.»
The reference contained in the clause near the bottom of the Contract of Purchase and
Sale concerning the broker's
commission merely confirms the bargain struck in the listing
agreement.
The Listing
Agreement did not say the
commission was to be paid out of the proceeds of the
sale (thereby setting up a specific fund) but simply a
commission was payable on closing.
HUD has clarified its guidance to servicers that FHA short
sales with dual agency
agreements are eligible for up to a 6 percent
commission if the contract that is submitted meets all current pre-foreclosures
sales guidelines, including the required marketing period, and yields the highest net return to HUD.
The Listing
Agreement provided for a
commission of eight per cent of the
sale price, on closing of the
sale.
Minnesota's highest court has decided that if a brokerage was the procuring cause of a transaction, the broker is entitled to a
commission even though the
sale came after the listing
agreement had been terminated.
A North Carolina appellate court has determined that because two commercial licensees had a business
agreement on a
commission split, whether or not one of the brokers was a procuring cause in the
sale was not the deciding factor on whether he should receive a
commission.
Client and Broker entered into an
agreement («Brokerage Agreement») in which the parties agreed that Broker would earn his commission when plaintiff «enters into a sales contract... with any buyer procured by seller... provided that buyer performs and settles on said contrac
agreement («Brokerage
Agreement») in which the parties agreed that Broker would earn his commission when plaintiff «enters into a sales contract... with any buyer procured by seller... provided that buyer performs and settles on said contrac
Agreement») in which the parties agreed that Broker would earn his
commission when plaintiff «enters into a
sales contract... with any buyer procured by seller... provided that buyer performs and settles on said contract.»
An Illinois Appellate Court has ruled that because a seller failed to refer a prospective buyer to a broker with an exclusive listing
agreement, the broker is entitled to a
commission on the
sale to the prospect, even after the listing has expired.
Their written
agreement states that the company would take the first $ 1 million from the
sale of the parcel and that the brokers would receive a
commission for any amount over $ 1 million.
I am sure you are not talking about a Schedule A to an Offer as it is against the law to deal with
commission anywhere on the
Agreement of Purchase and
Sale!
The Brokerage would receive a specified
commission if the Buyer purchased a property which was not otherwise listed for
sale by the sellers, and specifically identified the Hazelton dairy farm as being subject to the terms of the
agreement.
In the standard OREA listing
agreement Fody agreed to pay Willaert a
commission of five per cent of the
sale price.
Every listing should include in it's comments and as part of the contract that «All Buyers Contracts will be honored with the Buyer Agency
Agreement Commission payable to be included in the final NEGOTIATED
sale price of the home.»
The court ruled that the owners were in default of the listing
agreement when it failed to pay the brokerage a
commission from the
sale of the property, therefore the brokerage was entitled to the award of attorney's fees, as outlined in the listing
agreement.
He says that in his opinion, the consent
agreement led to «a rift between CREA and the real estate boards; undue hardships on real estate
sales associates, a change in
commission structures that reduced or eliminated what I perceive as essential services to clients; the appearance of «mere listing» options where the buyer's agents now have to take an extra step and negotiate their own
commissions with a seller prior to presenting the offer; and last but not least, the «opening» of the MLS information, which Realtors pay for, making it fully available to the public.»
Further, Michigan's real estate statute defines an «independent contractor relationship» as a relationship between a real estate broker and an associate broker or real estate salesperson where there is both a written
agreement between the parties stating that the associate broker or real estate salesperson is not considered an employee for federal and state income tax purposes and not less than 75 % of the annual compensation paid by the broker to the associate broker or real estate salesperson is from
commissions from the
sale of real estate.
What isn't in the listing
agreement is advice on if or when the seller has leverage over the agents to reduce that
commission, if they choose to accept a lower
sale price.
The
agreement states that you'll be paid a two per cent
commission upon
sale of the building.
The seller has irrevocably directed their lawyer in the
agreement of purchase and
sale to pay any balance of
commission before any money is paid to the seller.