2024-279-E-AMS-Pickett Sprouse Commercial Real Estate-1616 Ferguson Rd

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Page 2 of 4 STANDARD FORM 530 Revised 7/2022 © 7/2023 Client Initials _______ _______ Firm Rep. Initials _______ The parties agree that Firm shall first seek the fee from the listing agent. If there is no listing agent, Firm shall first seek the fee from the seller/landlord. Should the fee so obtained be greater than the fee listed above, Firm shall be entitled to retain the difference. Should the fee so obtained be less than the fee listed above, Client shall pay Firm the difference at closing or upon executi on of a lease, as applicable. Fees will be due and payable at closing or upon execution of a lease, as applicable. If Client defaults in a purchase or lease co ntract, or if such agreement is terminated after becoming a binding agreement, the total compensation that would have been due Firm had the transaction been consummated will be due and payable immediately in cash from Client. “Client” as used herein is deemed to include, but is not limited to, its successors or assigns, principals, officers, directors, e mployees or shareholders thereof or any affiliate, alter- ego or commonly controlled entity of the Client. If a lease for which a commission is payable hereunder contains (i) an option or right of first refusal to renew or extend, a nd a lease term is renewed or extended whether strictly in accordance with the terms of such option or right or otherwise and/or (ii) an option or right of first refusal to expand, and Client exercises such option or right whether strictly in accordance with the terms of such option or right or otherwise, then Client shall pay a commission in accordance with this Section 6- Lease on the additional base rental to be paid, calculated at the commission rate applicable hereunder for the years of the lease in which the additional base rental is payable. Said commission shall be earned and payable upon the notice of exercise of any option or right of first refusal to renew or extend or upon the notice of exercise of any option or right of first refusal to expand, as applicable. Notice: Client understands and acknowledges that there is the potential for a conflict of interest generated by a percentage of transaction value based fee for representing Client. The amount, format or rate of real estate fees is not fixed by law. Fees are set by each firm individually and may be negotiable. 7. In the event that, during the _________________ (_____) months following the termination of this Agreement, Client consummates a transaction involving property disclosed to him by Firm or a different property from a party introduced to Client by Firm during the representation period, Client will assure the payment to Firm of the fee provided in Section 6 of this Agreement; provided that the names of prospective properties, owners and other agents are delivered to Client by Firm or postmarked within fifteen (15) days after the termination of this Agreement. Firm will provide negotiation and closing services to Client in connection with such transaction only if this Agreement is extended in writing; however, if this Agreement is not extended, Firm will still be entitled to payment of its fee. 8. Firm will act as agent on behalf of Client and will disclose its agency relationship in writing, and Client will cooperate with Firm in executing a written disclosure of agency, in connection with any transaction hereunder. Firm has advised Client of Firm’s general company policy regarding cooperation with other agents. Client authorizes Firm to cooperate with and compensate buyer/tenant subagents representing only the Client. Firm shall disclose to Client the identity and role of any buyer/tenant subagent in a transaction. 9.Client has received a copy of the “Working With Real Estate Agents Disclosure” and has reviewed it with Firm. Client understands that the potential for dual agency will arise if Client becomes interested in viewing a property listed by Firm. Firm may repres ent more than one party in the same transaction only with the knowledge and informed consent of all parties for whom Firm acts. (a) Disclosure of Information. In the event Firm serves as a dual agent, Client agrees that without permission from the party about whom the information pertains, Firm shall not disclose to the other party the following information: (1) that a party may agree to a price, terms, or any conditions of sale or lease other than those offered; (2) the motivation of a party for engaging in the transaction, unless disclosure is otherwise required by statute or rule; an d (3) any information about a party which that party has identified as confidential unless disclosure is otherwise required by statute or rule. (b) Firm’s Role as Dual Agent. If Firm serves as agent for both Client and a seller/landlord in a transaction involving a property, Firm shall make every reasonable effort to represent Client and seller/landlord in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Client and seller/landlord. Client understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Client’s non-exclusive agent; (2) In its separate representation of Client and seller/landlord, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Client and seller/landlord any known or reasonably ascertainable material facts. Client agrees Firm shall not be liable to Client for (i) disclosing material facts required by l aw to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party's bargaining position but could benefit the other party. six 6 DocuSign Envelope ID: BA26D1D2-FE7B-4CE7-ADA9-EAB20084596E