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BRINDLEE MOUNTAIN FIRE APPARATUS <br /> 15410 Hwy 231 Union Grove AL 35175 ∙ 256-776-7786 <br /> Lisng and Markeng Commission Agreement <br /> The undersigned Seller and Brindlee Mountain Fire Apparatus, LLC (“Brindlee”) being duly authorized, hereby enter into <br /> the following contractual agreement (the “Agreement”) effecve as of _______________________, 20_____: <br /> Apparatus: ____________________________ (the “Apparatus”) <br /> Apparatus owned or exclusively offered for sale by: _________________________________________ (“Seller”) If <br /> Apparatus not owned by Seller, then owner of the Apparatus: _____________________________________(“Owner”) <br /> List Price: The price at which the Apparatus will be listed shall be _________________________, or such other price <br /> agreed upon by Seller and Brindlee (the “List Price”) <br /> Seller grants Brindlee the non-exclusive right to offer the Apparatus for sale for the List Price. Brindlee shall have the <br /> right, but not the obligaon, to market and adverse the Apparatus in any media of Brindlee’s choosing, including the <br /> internet. Seller represents and warrants that the informaon provided to Brindlee by Seller, Owner and their agents and <br /> representaves regarding the Apparatus is true and correct and Seller holds Brindlee harmless and indemnifies Brindlee <br /> from any liability resulng from inaccuracies in such informaon. Seller agrees to pay Brindlee the commission set forth <br /> below (the “Commission”) if Seller or Owner sells the Apparatus or any other fire apparatus to a buyer referred by <br /> Brindlee (a “Referral”), or anyone acng on behalf of a Referral, whether or not the Apparatus is sold at the List Price. <br /> The Commission shall be calculated as follows: <br /> The greater of 10% of the sales price or $500 if the subject Apparatus is sold for less than $200,001; and <br />7% of the sales price if the subject Apparatus is sold for a price from $200,001 to $350,000; and <br /> 5% of the sales price if the subject Apparatus is sold for a price above $350,000 <br /> Payment of the Commission will be made to Brindlee within 10 days aer the sale of the subject Apparatus. Seller shall <br /> pay interest in the amount of 1.5% per month on Commission not paid within such 10 day period. Seller further agrees <br /> that any addional costs incurred by Brindlee as part of collecon efforts for past due Commission will be reimbursed to <br /> Brindlee by Seller. The Commission rights of Brindlee and the Commission obligaons of Seller set forth in this <br /> Agreement shall survive expiraon or terminaon of this Agreement. <br /> Seller agrees to nofy Brindlee at the me of sale of the Apparatus as to the sales price and the name and address of the <br /> buyer, regardless of whether such buyer is a Referral which was referred by Brindlee. Seller agrees that if Seller fails to <br /> provide such informaon then Seller will pay a Commission to Brindlee as if the buyer of the Apparatus was a Referral <br /> referred by Brindlee and the Apparatus was sold at the List Price. <br /> Page 1 <br />68