Fill and Sign the Agreement for Services of Investment Agent with Agent to Purchase and Sell Investments for the Benefit of Client California Form

Agreement for Services of Investment Agent with Agent to Purchase and Sell Investments for the Benefit of Client Agreement made on the ___________________________ (date) , between ________________________________________ (Name of Investment Agent) of ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Agent , and _______________________________ (Name of Client) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at ____________________________________________ ________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Client . 1. Purpose of Agreement The purpose of the Agreement is to formalize the existing informal agreement between Agent and Client authorizing Agent to buy, sell, and invest on behalf of Client in stocks, bonds, and other securities, and to invest generally in real and personal property and other businesses as shall from time to time be in the best interest of Client. 2. Duration The Agreement commenced on or about ___________________________ (date) , and shall continue until __________________________ (date) , and from year to year thereafter, unless this Agreement shall be terminated in the manner subsequently provided. 3. Capital Contribution of Client Agent is holding for the benefit of Client as of this date investments set forth in Appendix A with a fair market value of $____________________. Said investments are currently yielding to Client a sum equal to ______% of the FMV of the investments described in Appendix A. Future investments changes by Client and changes in yield will be reflected in a form similar to Appendix A attached hereto and signed by both parties. 4. Management of Investments Agent shall diligently and exclusively apply himself in and about the business of wisely investing the funds of Client to the utmost of his skill and power. He is authorized and empowered to buy, sell, and invest Client’s funds and investments on behalf of Client in stocks, bonds, and other securities, and to invest generally in real and personal property and other businesses as shall from time to time be in the best interest of Client . 5. Books of Account; Annual Accounting A. Books of Account Agent shall keep the books of account, and proper entries made in the books of account of all sales, purchases, receipts, transactions, payments, engagements, and property of Client made pursuant to this Agreement. B. Place Where Books to be Kept; Inspection Such books of account are to be kept at ____________________________ ____________________________________________________________ (street address, city, county, state, zip code) , which is the principal place of business of Agent , and are to be open for inspection by Client at any reasonable time. C. Annual Accounting . On the ______day of ________________________ of each year, a general accounting shall be made by Agent to Client of all sales, purchases, receipts, transactions, payments, engagements, and property of the Client. 6. Termination of Agreement A. This Agreement may be terminated by either the Agent or Client at any time by giving the other party at least _______ days' previous written notice of such intention to terminate. Upon such termination, Agent shall pay over to Client in cash or in kind the fair market value of all investments held by Agent for the benefit of Client as of the date said notice is sent via certified mail, return receipt requested. B. This Agreement shall also terminate on the death of Agent with Agent’s estate liable to pay over to Client the fair market value of all investments held by Agent for the benefit of Client as of the date of Agent’s death. 7. Compensation to Investment Agent Client covenants and agrees to pay to Agent and Agent covenants and agrees to accept from the Client in full payment for all investment advice, management, materials and other services furnished, and for all expenses paid or reimbursed by Agent under this Agreement, a fee of ______% of the total fair market value of assets owned by Client and held by Agent for Client on the last day of each calendar year, payment to be made by Client to Agent on or before the ________________________________ (date) each year. 8. Out of Pocket Expenses of Agent Client shall not be responsible to reimburse Agent for any expenses, out of pocket or otherwise, incurred by Agent pursuant to this Agreement. 9. Status of Agent Agent shall be deemed to be an independent contractor and, except as expressly provided or authorized in this Agreement, shall have no authority to act for or represent Client. 10. Other Activities of Agent Client recognizes that Agent now renders and may continue to render investment advice and other services to other clients which may or may not have investment policies and investments similar to those of Client . Agent shall be free to render such investment advice and other services and the Client consents to such activity. 11. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 13. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 15. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. _____________________________ (Name of Client) _____________________________ By: ____________________________ ______________________________ _______________________________ (P rinted or typed name) (P rinted or typed name) ______________________________ ________________________________ (Signature of Investment Agent) ________________________________ (Name and Office in Corporation) APPENDEX A Assets held by Agent for C lient as of the _____ day of ______________________, 20_____. Asset FMV  Cash $_________________  Real Property $_________________  Stocks $_________________  Bonds $_________________  Other Securities $_________________  Miscellaneous $_________________ Total Fair Market Value of Assets $_________________ Monthly Returns payable by Agent to Client on or before _____ day of each month based on the investments set forth above shall be ______% of the total FMA of the Assets set forth above. WITNESS our signatures as of the day and date first above stated. ______________________________ (Name of Client) _____________________________ By: ____________________________ _____________________________ _______________________________ (P rinted or typed name) (P rinted or typed name) _____________________________ ________________________________ (Signature of Investment Agent) ________________________________ (Name and Office in Corporation)