The mercantile commission agreement executed by _____________________, represented in this act by her/his/their legal representative for suits and collections administration and domain acts, _____________________ ('the principal') and by _____________________, ('the agent') this agreement is subject to the following declarations and clauses:
DECLARATIONS
I. 'THE PRINCIPAL' DECLARES:
a) That their/her/his nationality is/are _____________________ with full legal capacity to act in the terms and conditions of this agreement, demonstrating its legal residence in the country with the migration form ______________.
b) (IN CASE OF LEGAL REPRESENTATIVES) That the power conferred to _____________________, by 'THE SELLER' was notarized by Public Document, Lumber _________________, dated ______________, before ______________, Notary Public, Lumber _______ of the city of ______________. In the same way, the legal representative declares that to this date the power conferred by that mandate has not been limited or not abrogated in any way.
c) Thatthey/he/she is/are owner(s) of the following real state: ______________________________________________________________________________________________________________________________________________________________ with an approximate surface of _____________________ square meters and the measures and boundaries following: _____________________________________________________________________________________________________________________.
II. 'THE AGENT' DECLARES:
a) That it is an artificial person legally constituted according to the Mexican laws with full legal capacity to act in the terms and conditions of this agreement.
b) That the power conferred to ____________________________, by THE AGENT was notarized by Public Document Lumber ______________, dated ______________, before ______________, Notary Public, Lumber ______________ of the city of _____________. In the same way, the legal representative declares that to this date the power conferred by that mandate has not been limited or not abrogated in any way.
c) That both parties recognize each other personality and that they want to formalize this mercantile commission agreement by the following:
CLAUSES
First. 'THE PRINCIPAL' delivers to 'THE AGENT' in MERCANTILE COMMISION, the real property mentioned in paragraph c) of the declaration number I of this agreement in order that 'THE AGENT' promotes the SELL ( ) LEASE ( ) of the real property aboye mentioned, with the technical human and material infrastructure owned by 'THE AGENT'.
Second. For that purpose, 'THE PRINCIPAL' gives power to 'THE AGENT' to exhibit to his clients, at any hour and day of the week, the real property mentioned in this agreement. 'THE PRINCIPAL' is obligated to provide to 'THE AGENT' the necessary controls to access, such as keys, numeric and electronic combinations of doors, storm doors, hall doors, etc., EVEN WHEN 'THE PRINCIPAL' IS NOT AT THE MOMENT OF THE EXHIBITION.
Third. 'THE PRINCIPAL' authorizes 'THE AGENT' to perform, in the name of 'THE PRINCIPAL', the action mentioned in this agreement for the prize and conditions described below: _____________________________________________________________________________________________________________________________________________________________________.
In case that the clients of 'THE AGENT' want to modify the prize or conditions above mentioned, 'THE AGENT' would be obligated to inform in a written form to 'THE PRINCIPAL' the variations as soon as possible, with the purpose that 'THE PRINCIPAL' accepts or denies those variations.
Fourth. 'THE AGENT' shall pay to 'THE PRINCIPAL' for each entrusted commission realized in the name of the first mentioned, A COMMISSION equal to: ____________________________________________________________________________________________________________________, of the total value of the agreed operation plus 'El Impuesto al Valor Agregado' (Tax on value-added). That commission shall be paid in cash.
Fifth. 'THE PRINCIPAL' authorizes 'THE AGENT' to receive the payments for the operations realized by 'THE AGENT' in the name of 'THE PRINCIPAL'. Equally, 'THE PRINCIPAL' empowers 'THE AGENT' to discount from the received payments the commissions referred in this contract.
Sixth. Both parties agree that the duration of this agreement is not defined. However, both parties agree that this agreement shall be terminated by the agreement of both parties, by giving at least 15 working days advance notice to the other party.
This contract can not be terminated when there are considerations not fulfilled by any part.
Seventh. 'THE PRINCIPAL' accepts that 'THE AGENT' might celebrate at the same time of the enforcement of this agreement, other mercantile commission agreements with other(s) principals, so both parties are free of any relationship pertaining to labor between them.
Eight. 'THE PRINCIPAL' is obligated to EXCLUSIVELY celebrate this contract with 'THE AGENT' so, 'THE AGENT' shall be during the legal effect of this agreement the only person with power to promote, exhibit, offer and realize the SELL ( ) LEASE ( ) of the real property herein mentioned. In case that 'THE PRINCIPAL' or any third person, realized the operation described in this agreement during the force of the same, 'THE PRINCIPAL' SHALL PAY to 'THE AGENT' the mercantile commission described in the present agreement.
Ninth. The parties hereto select the jurisdiction and competence of the courts of _______________ , waiving any venue privilege to which the parties may be entitled because of their domiciles or for any other reason.
The parties read this agreement and they were informed of its significante and legal value of the same, and they sign the original and a copy before the witnesses that certifies.
_______________ , _____________________, 200___,
'THE PRINCIPAL' 'THE AGENT'
_____________________ _____________________
WITNESS WITNESS
_____________________ _____________________
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