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FINDER'S FEE AGREEMENT
In consideration of a Finder's Fee (as defined below),payable only upon the successful
consummation of the services (hereinafter"Discovery"), xxxx xxxx ("Finder") of xxJacob, Ct,
Trenton, New Jersey 08628 agrees to assist xxxx xxxxx("Client") of xx Lake Baldwin Dr,
Pennington, New Jersey 08534 in the Discovery. For purposesof this agreement ("Agreement"),
the Finder will:
- I will provide people who want to sell there business andspace or lease to xxxxx for a barber
shop xxxxx xxxx
Finder's Discovery shall occur only if the conditions forpayment of fee are fulfilled during the
Retention Period (as defined below).
Finder's "Discovery" of a client shall occur onlyif the client is identified and introduced by Finder
and acknowledged by Client in writing during the RetentionPeriod (as defined below). Finder shall
not be deemed to have discovered any client who contacted orwas contacted by Client on or
before the date of Client's execution of this Agreement (the"Effective Date"), or any client who
hereafter contacts or is contacted by Client after theEffective Date before being identified and
introduced in writing by Finder to Client (if at all)(collectively, "Independent Contacts"). Client
shall attempt to provide Finder with an updated list ofIndependent Contacts from time to time, but
any delay or failure by Client to do so shall not constitutea waiver of or otherwise prejudice any of
Client's rights or impose any obligations on Clienthereunder.
2. Term of Agreement.
The exclusive right granted by this Agreement shall commenceon July 16, 2012. Finder's
engagement under this Agreement is non-exclusive, and Clientshall have the continuing right to
deal with, and consummate Business Transactions with, otherclients not discovered by Finder,
either directly or through other brokers, agents, finders orother representatives, without any
obligation to pay Finder a Finder's Fee or any other sum.
3. Business Transaction
For purposes of this Agreement, the "BusinessTransaction" shall be defined as assisting Client in
finding clients on the terms and conditions acceptable toClient. The Client reserves all rights, in its
sole and absolute discretion, and without any obligation topay a Finder's Fee or any other sum to
Finder, to withdraw from negotiations concerning anyproposed Business Transaction, and/or
accept or reject any finding by the Finder, or all or partof any proposed Business Transaction, at
any time, with or without cause. As used herein,"consummation" of the Business Transaction shall
not be deemed to have occurred unless and until, among otherthings:
- Finder xxxxx will sellers of their business and leasespace, at 5 % Fee
- I will be at the signing and receice my 5% fees.
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During the term of this Agreement and for for 3 yearsthereafter, Client will not attempt to do
business with, or otherwise solicit any clients found orotherwise referred by Finder to Client for
the purpose of circumventing, the result of which shall beto prevent the Finder from realizing or
recognizing a commission or Finder's Fee. If suchcircumvention shall occur the Finder shall be
entitled to any commissions due pursuant to this Agreementor Finder's Fee relating to such
Finder shall be entitled to the Finder's Fee in the eventthat during the Retention Period (as defined
below) (i) the Business Transaction is consummated ormaterialized, and (ii) Finder discovered the
client to assist Client during the Retention Period.
6. Date of Payment.
The Finder's Fee shall become due and payable by the Clientimmediately upon consummation of
the Business Transaction. Client shall have no obligation topay Finder any Finder's Fee or other
amount if the Business Transaction in question fails toclose for any reason, including without
limitation, as a result of an actual or purported breach ordefault by Client.
7. Calculation of Finder's Fee.
For purposes of this Agreement, the Finder's Fee shall bepaid in the amount of 5 % per client or
customer investor employee client.
8. Retention Period.
The "Retention Period" shall commence on the July16, 2012 and shall continue for 1 year at
which point either party may indicate to the other, inwriting, its prospective intention to terminate
this Agreement. Finder shall be entitled to its Finder's Feeduring the Retention Period, or, in the
event a Business Transaction is consummated aftertermination of the Retention Period, and under
the terms of this Agreement, within 30 days of theconsummation of the Business Transaction.
9. Independent Contractor.
It is understood that this Agreement provides for therendering of services by Finder as a finder
only, as described herein, and does not include therendering of any other services, including due
diligence services. Finder acknowledges that it is anindependent contractor and shall not be
deemed to be Client's agent for any purposes whatsoever.Finder shall have no right or authority
to assume or create any obligation or liability, expressedor implied, for or on behalf of Client's, or
to otherwise bind Client in any manner whatsoever.
10. Hold Harmless.
If Finder shall become entitled to a Finder's Fee under thisAgreement, Finder hereby agrees to
indemnify, protect, defend and hold harmless Client and itsaffiliates from and against any and all
claims, actions, losses, liabilities, damages, liens, costsor expenses (including, without limitation,
reasonable attorneys' fees and costs), however described,arising from any claim by any other
person or entity for brokerage or finder's fees,commissions, or similar compensation in connection
with any Business Transaction involving a ProspectiveInvestor discovered by Finder.
11. Sharing of Fees.
The Finder is specifically authorized to engage the servicesof any sub-agents and to share fees
and commissions with other agents, provided that fulldisclosure of any fee or commission sharing
is made to all parties.
12. Governing Law.
This Agreement shall be made in and shall be governed by andinterpreted in accordance with the
laws of the State of New Jersey.
Finder agrees to:
14. Attorneys' Fees.
If legal action is brought to enforce or interpret thisAgreement or any of its provisions, the
prevailing party shall be entitled to reasonable attorneys'fees in addition to any other recovery to
which such party may be entitled.
This Agreement may be so terminated by either party at anytime, with or without cause. This
Agreement may be terminated by either party by the giving ofwritten notice of termination to the
other. In the event that the Client sends a notice oftermination after the Finder has incurred
specific, direct expenses in connection with this Agreement,the Client shall reimburse the Finder
for the amount of the expenses at the time of thetermination.
16. Entire Agreement.
This Agreement contains all of the agreements of the Partieswith respect to any matter covered or
mentioned in this Agreement and no prior agreements shall beeffective for any purpose.
17. No Waiver.
Failure or delay of Client to declare any breach or defaultimmediately upon occurrence shall not
waive such breach or default by the Finder.
Any notices required to be given by the Parties shall bedelivered at the addresses set forth in the
beginning of the Agreement. Any notices may be deliveredpersonally to the addressee of the
notice or may be deposited in the United States mail,postage prepaid, to the address of the
(i) hold all confidential, non-public information receivedfrom Client or its affiliates, or their
respective representatives, strictly confidential,
(ii) use or release such information only in the performanceof this Agreement, and not use or
release or permit the use or release of any of suchinformation for any other purposes, and
(iii) return to Client all such information in whateverformat (and all copies thereof) at the
conclusion of this engagement.
IN WITNESS WHEREOF, this Finder's Fee Agreement by andbetween xxxx xxxxx
and xxxxx xxxxx has been executed and delivered in themanner prescribed by law as of the
date first written above.
By Pankaj Agrawal, Owner
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