Business Re-list Document

Business Re-list Document

This Business Re-list Agreement (the "Agreement") is entered into as of Effective Date: by and between the parties identified below.

Parties

Recitals

WHEREAS, Seller previously listed the business identified above for sale under Listing ID: with an original listing date of which has expired or been withdrawn;

WHEREAS, Seller desires to re-list the business and engage Broker to provide listing, marketing and sale facilitation services on the terms set forth herein; and

WHEREAS, Broker represents that it has the professional capability and authority to market the business and to perform the services described in this Agreement.

Scope of Work

Broker shall perform the following services to re-list and attempt to effectuate a sale of the Business. Broker's duties include, but are not limited to, the following:

Payment Terms

Listing Fee (if any): $ payable upon re-listing.

Commission: Seller agrees to pay Broker a commission equal to % of the gross sale price, payable at closing and due as a condition to disbursement of sale proceeds.

Late Payment: Any amount not paid when due shall accrue interest at the rate of % per month (or highest lawful rate), plus reasonable collection costs.

Expenses: Broker shall obtain Seller's prior written approval for third-party expenses in excess of $ . Unless otherwise agreed, Seller shall reimburse approved out-of-pocket expenses within 15 days of invoice.

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Termination for material breach shall be effective upon written notice if the breaching party fails to cure within 15 days of receipt of written notice specifying the breach.

Survival: Payment obligations, confidentiality, indemnity obligations, and other provisions which by their nature should survive termination shall survive expiration or termination of this Agreement.

Confidentiality

Each party acknowledges that Confidential Information (including financials, buyer identities, valuations, and trade secrets) disclosed in connection with this Agreement shall be held in strict confidence and used solely for the purposes of marketing, negotiating, and consummating a sale of the Business. Confidential Information shall not include information that: (a) is or becomes public without breach; (b) was lawfully in the receiving party's possession prior to disclosure; or (c) is required to be disclosed by law, provided the disclosing party is given prompt notice and opportunity to seek protective relief.

Acknowledgement of Confidentiality: Seller acknowledges and agrees to the confidentiality obligations set forth above.

Representations and Warranties

Seller represents and warrants that Seller is the lawful owner of the Business and has full authority to enter this Agreement, to grant Broker the rights herein, and to provide access to records and premises necessary for marketing and due diligence. Broker represents and warrants that it is duly authorized to perform the services set forth in this Agreement and will comply with applicable laws and professional standards.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. Any dispute arising under this Agreement shall be resolved in the state or federal courts located in that State, subject to applicable jurisdictional requirements.

Indemnification

Each party shall indemnify, defend and hold harmless the other party and its affiliates, officers, and agents from and against any third-party claims, losses or liabilities arising from the indemnifying party's breach of this Agreement, negligence, willful misconduct, or misrepresentations.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and communications, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above, or to such other address as either party may designate in writing. Notice shall be effective upon personal delivery, confirmed delivery by courier, or three (3) days after deposit in the U.S. mail, postage prepaid.

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