No. ETC59-6-19. EXCLUSIVE TENANT LISTING CONTRACT Page 3 of 6
6. ADDITIONAL DUTIES OF TENANT’S AGENT. If the Tenant Agency box at the top of page 1 is checked, Broker is
Tenant’s Agent, with the following additional duties:
6.1. Promoting the interests of Tenant with the utmost good faith, loyalty and fidelity;
6.2. Seeking lease rates and terms that are acceptable to Tenant; and
6.3. Counseling Tenant as to any material benefits or risks of a transaction that are actually known by Broker.
7. COMPENSATION TO BROKERAGE FIRM. In consideration of the services to be performed by Broker, Brokerage Firm
will be paid as set forth in this section, with no discount or allowance for any efforts made by Tenant or any other person. Brokerage
Firm is entitled to receive additional compensation, bonuses, and incentives paid by listing brokerage firm or landlord. Broker will
inform Tenant of the fee to be paid to Brokerage Firm and, if there is a written agreement, Broker will supply a copy to Tenant, upon
written request of Tenant.
7.1. Brokerage Firm’s Fee – Lease.
Check Compensation Arrangement:
7.1.1. Success Fee. Brokerage Firm will be paid as follows:
7.1.1.1. Amount. $ per square foot per , or , except
as provided in § 7.1.1.2.
7.1.1.2. Adjusted Amount. See § 21 (Additional Provisions) or Other
7.1.1.3. When Earned; When Payable – Lease. The Success Fee is earned by Brokerage Firm upon the
mutual execution of the Lease. One-half of this fee is payable upon mutual execution of the Lease and one-half upon possession of
the Premises by Tenant or as follows: .
7.1.2. Hourly Fee. Brokerage Firm will be paid $ per hour for time spent by Broker pursuant to this
Tenant Listing Contract, up to a maximum total fee of $ . This hourly fee is payable to Brokerage Firm upon
receipt of an invoice from Brokerage Firm.
7.1.3. Retainer Fee. Tenant will pay Brokerage Firm a nonrefundable retainer fee of $ due and payable
upon signing of this Tenant Listing Contract. This amount Will Will Not be credited against other fees payable to Brokerage
7.1.4. Other Compensation. .
7.1.5. Fee for Extension, Renewal or Expansion. If the Lease, executed after the date of this Tenant Listing Contract, contains
an option to extend or renew, or if Tenant expands into additional space within the building or complex where the Premises is located,
Brokerage Firm Will Will Not be paid a fee upon exercise of such extension or renewal option or expansion. If Brokerage
Firm is to be paid a fee for such extension, renewal or expansion, the amount of such fee and its payment are as follows:
7.2. Brokerage Firm’s Fee – Purchase. If the box in § 3.5.2 is checked, Brokerage Firm will be paid a fee equal to the
greater of $ or % of the purchase price for the Premises, less any amounts paid by the listing brokerage
7.2.1. When Earned; When Payable – Purchase. This Purchase fee is earned upon the Purchase of the Premises
and is payable upon delivery of deed.
7.3. Who Will Pay Brokerage Firm’s Success Fee.
7.3.1. Listing Brokerage Firm, Landlord or Sublandlord May Pay. Tenant IS Obligated to Pay. Broker is
authorized and instructed to request payment of Brokerage Firm’s Success Fee from the listing brokerage firm, landlord or
sublandlord. Tenant is obligated to pay any portion of Brokerage Firm’s Success Fee which is not paid by the listing brokerage firm,
landlord or sublandlord. This section applies to: New Premises Tenant’s Existing Premises Both.
7.3.2. Tenant Will Pay. Tenant is obligated to pay Brokerage Firm’s Success Fee.
7.3.3. Listing Brokerage Firm, Landlord or Sublandlord May Pay. Tenant is NOT Obligated to Pay. Broker is
authorized to obtain payment of Brokerage Firm’s Success Fee from the listing brokerage firm, landlord or sublandlord. Provided
Tenant has fulfilled Tenant’s obligations in this Tenant Listing Contract, Tenant is not obligated to pay Brokerage Firm’s Success
Fee. This section applies to New Premises Tenant’s Existing Premises Both.
If no box is checked above, then § 7.3.3 (Tenant is NOT Obligated to Pay) will apply.
7.4. Holdover Period. Brokerage Firm’s Success Fee applies to Premises leased (or purchased if § 3.5.2 is checked) during
the Listing Period of this Tenant Listing Contract or any extensions and also applies to Premises leased or purchased within
calendar days after the Listing Period expires (Holdover Period) (1) if the Premises is one on which Broker negotiated and (2) if
Broker submitted its address or other description in writing to Tenant during the Listing Period, (Submitted Premises). Provided,
however, Tenant Will Will Not owe the Brokerage Firm’s Success Fee to Brokerage Firm under §§ 7.1, 7.2, 7.3.1 and 7.3.2
as indicated, if a commission is earned by another brokerage firm acting pursuant to an exclusive agreement with Tenant entered
into during the Holdover Period, and a Lease or Sale of the Submitted Premises is consummated. If no box is checked in this § 7.4,
then Tenant does not owe the Brokerage Firm’s Success Fee to Brokerage Firm.
8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in § 7, will
accept compensation from any other person or entity in connection with the Premises without the written consent of Tenant.