Fill and Sign the Negotiation Agreement Form

Negotiation Agreement for Purchase of an Automobile Agreement made on the ______________________________________ (date) , between ____________________________________ (Name of Client) of ___________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) , referred to herein as Client , and _____________________________________ (Name of Negotiator) , 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 Negotiator . Whereas, Client desires to purchase (describe automobile) __________________ ____________________________________________________________________; and Whereas, Client desires to employ Negotiator, and Negotiator desires to be employed, as an agent to obtain such an automobile; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Employment of Negotiator A. Client employs Negotiator broker as his/her agent to obtain a (describe automobile) _____________________________________________________________ _________________________________ within a price range of (describe price range) ________________________________________________________________________ ____________________________. B. Negotiator shall have the exclusive right to obtain such an automobile within said price range suitable to Client for a period of ________ (number) days from the effective date of this Agreement. 2. Compensation If Negotiator is successful in obtaining such an automobile during the period set forth above, Client agrees to pay to Negotiator a commission as described in Exhibit A attached hereto and initialed by both parties. 3. Negotiator to Pay Expenses Negotiator will assume any necessary out of pocket expenses expended by Negotiator in the consummation of the purchase of such an automobile. 4. Covenant of Negotiator Negotiator covenants to use its best efforts and to act diligently in attempting to obtain such an automobile within the price range described above which is acceptable to Client. 5. Independent Contractor Status Negotiator acknowledges that it is an independent contractor and is not an agent, partner, joint venturer nor employee of Client. Negotiator shall have no authority to bind or otherwise obligate Client in any manner nor shall Negotiator represent to anyone that it has a right to do so. 6. 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. 7. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _________________________________. 8. 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. 9 . 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. 10. 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. 11. 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. 12. 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. 13. 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 Negotiator) ___________________________________ By: ________________________________ (P rinted name) ____________________________________ (P rinted Name & Office in Corporation) ___________________________________ ____________________________________ (Signature of Client) (Signature of Officer)