Leasing Commission Agreement
1. Parties. This Agreement is made between [name] of [address] (Owner), and [name], having principal place of business at [address] (Broker).
2. Representations. Broker is a real estate broker duly licensed in [state]. Owner is the owner in fee simple of the Premises located at [address], including the building and other improvements located on it (Property).
3. Tenant Procured by Broker. Broker has procured [name of tenant] (Tenant) as a party interested in leasing the following space at the Property: [identity of space, e.g., Suite 400, Apartment 2B]. If Owner and Tenant execute a lease for such space, then Broker shall be entitled to a leasing commission as provided for in this Agreement.
4. Entitlement to Commission. If Owner and Tenant do not execute a lease of the space identified in Paragraph 3 for any reason, including the fault of either party, then Broker shall be entitled to no commission or any other payment from Owner.
5. Calculation of Commission. Broker's leasing commission shall be ---------- percent (----------%) of the fixed rate payable by Tenant during the first full year the lease is in effect.
5. Calculation of Commission. Broker's commission shall be the following percentage of the base rent payable by Tenant under
Tenant's lease with Owner:
First year or any fraction thereof----- percent (-----%)
Second year through [number] year----- percent (-----%)
No commission is payable with respect to any pass through of operating expenses including charges for electricity or real estate taxes [optional clause: or any rent escalation provisions] included in Tenant's lease.
6. Payment of Commission. The leasing commission payable to Broker under this Agreement shall be payable as follows: [time of payment, e.g., at the time of commencement of the term of the lease, or in annual installments payable at the end of each calendar year the lease is in effect].
7. Broker's Obligations. Broker agrees to treat all information received from Owner regarding the Property, including any lease executed with Tenant, as confidential. Such information shall not be disclosed to other prospective tenants or to their brokers.
All plans, specifications, leases, and other documents regarding the Property delivered by Owner to Broker shall remain the property of Owner and be returned to Owner on demand.
Broker shall make no publicity releases regarding the lease between Owner and Tenant without Owner's prior written consent.