1. Agreement. In consideration for Landlord's payment of the amounts set forth in Step 1 above, Company hereby agrees to provide the services selected in Step 1 above (the "Services"). All Services shall be provided in accordance with and subject to the terms and conditions set forth in this Agreement.
2. Landlord shall provide such true, correct, complete and accurate information regarding Landlord and/or the premise or premises for which Services are being provided (the "Information"), as shall be requested by Company from time to time. Company shall have the right and license to use the Information in providing the service. Landlord shall be solely responsible for the truth, correctness, completeness and accuracy of the Information, and shall indemnify and hold Company harmless from any claim, loss or liability of any kind (including attorneys fees) resulting from Company's use of the Information.
3. Landlord agrees that it shall have the sole and final responsibility for determining whether or not to enter into a lease agreement with any prospective tenant or tenants presented by Company. Landlord understands that Company will present prospective tenants to Landlord based on the information and criteria specified by Landlord, and based on information provided by the prospective tenant or tenants. While Company shall use reasonable efforts to ensure that the information provided by prospective tenants is accurate, Company is not guaranteeing that such information will be accurate or that such prospective tenant or tenants will not subsequently breach his, her or their obligations to Landlord under a lease agreement. Landlord shall not offer any prospective tenant or tenants referred to Landlord by Company any property or properties other than those for which Services are being provided, and Landlord shall not refer and prospective tenant or tenants referred to Landlord by Company to any third party. Company and Landlord shall abide by all applicable Fair Housing laws and regulations, if the Services include locating tenants for Landlord and/or conducting lease negotiations on behalf of Landlord.
4. Landlord agrees that Company's provision of Blank Lease & Blank Application does not constitute the delivery of legal services or the provision of legal advice by Company. Neither Company nor any of its directors, officers, agents or employees is licensed to practice law, and Landlord is advised to consult with a licensed attorney regarding the terms and conditions included in any lease agreement executed with any prospective tenants.
5. Payment:
Referral Service (non-exclusive) - Fee shall be due and payable upon Landlord's execution of a lease agreement with any prospective tenant or tenants presented by Company. Company will invoice Landlord and expect payment within 15 days. Any payment not received within 15 days of lease signing shall include a $50 late fee. An additional late fee of 5% shall be due for every day late thereafter.
Full Service (non-exclusive) ? This fee is due upon receipt of deposit and lease signing. TPAC will take fee directly in the form of the 1st month?s rent. Last month rent and security deposit will be made payable to landlord.
The Location Fee shall also be payable if, within 6 months after termination of this Agreement, Landlord enters into a lease agreement for the premise or premises for which Services are being provided, with any person or entity who was first introduced to Landlord by Company. Company may use all or a portion of the Fees, including the Location Fee, to pay commissions to brokers, salesperson or other parties. Amounts not paid within 5 calendar days of the date due shall bear interest at a rate equal to the greater of the maximum rate permitted by applicable law or fifteen percent (15%). All overdue amounts may be turned over to an attorney for collection, and, in such case, Landlord shall also be responsible for all fees and costs of collection (including attorneys fees) incurred by Company.
6. Non-exclusivity. Landlord understands that Company is in the business of providing services of the type described in Part 2 above to the general public. As such, Company is providing the Services to Landlord on a non-exclusive basis. Company shall have the right to provide services identical or similar to the Services to any other person or entity, including, without limitation, any person or entity with whom Landlord competes, on the same terms or such other terms as Company shall determine.
7. Private Information. Landlord understands that in the course of providing the Services, Company may provide Landlord with confidential and/or non-public personal information of customers and consumers of Company. Use, protection and re-disclosure of such confidential and/or non-public personal information may be subject to Federal, state and local laws, including, without limitation, the Gramm-Leach-Bliley Act and the Fair Credit Reporting Act. Landlord hereby agrees to comply with all applicable laws with respect to the use, protection and re-disclosure of all confidential and/or non-public personal information of customers and consumers of Company that is provided to Landlord.
8. Termination. This Agreement may be terminated at any time by Company or Landlord upon 10 calendar days written notice to the other party; provided that if Landlord terminates this Agreement for any reason, all Fees for completed Services shall be immediately due and payable in full. The obligations set forth in Paragraph 1 and 2 above which survive the termination of this Agreement, and Paragraphs 6, 8 and 9 below, shall survive the termination of this Agreement.
9. Advertising. Landlord hereby grants Company the right to advertise units available for rent at the Property. Company shall determine the means and manner of advertising in its discretion and is permitted to place a sign on or around the building(s) situated at the Property for purposes of advertising the availability of rental space and promoting its services on behalf of the Landlord. Landlord will not authorize any third party to advertise (whether via print ad, Internet or otherwise), any space available for rent at the Property during the Term and, promptly upon learning of any such advertising, will notify such third party to immediately cease and desist such advertising.
10. Limitation of Liability. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO LANDLORD OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR COMPANY'S PROVISION OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. COMPANY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES SET FORTH IN PART 2 ABOVE.
11. Assignment. This Agreement shall not be assigned by Landlord without the prior written consent of Company. Company may, at any time, assign this Agreement to, or subcontract for the provision of the Services with, any third party.
12. Real Estate Disclosures.
a. As required by the Pennsylvania Real Estate Licensing and Registration Act, Landlord acknowledges notice that the Pennsylvania legislature has established a Real Estate Recovery Fund whose purpose is to compensate persons who obtain a judgment because of fraud, misrepresentation or deceit of an agent. For further information call 717-783-3658.
b. Landlord acknowledges receipt of a true and exact copy of this Agreement.
c. Landlord agrees that any transaction entered into under this Agreement shall be in accordance with the Real Estate Broker's License Act and the rules and regulations of the State Real Estate Commission of the state in which the premise or premises for which Services are provided are located, including but not limited to the retention of payments made by any buyer or tenants in the Escrow Account of Company, if so provided by the rules and regulations.
13. Governing Law. This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by the laws of the Commonwealth of Pennsylvania.
14. Miscellaneous. This Agreement contains the entire understanding between Company and Landlord with respect to the subject matter of this Agreement, and supersedes all prior agreements and understandings, inducements or conditions between the parties, whether express or implied, oral or written. No delay, neglect or forbearance on the part of Company in enforcing any provision of this Agreement shall be deemed to be a waiver or in any way prejudice Company's rights under this Agreement or otherwise. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other or others of them may be invalid or unenforceable in whole or in part. This Agreement may be executed in two or more counterparts (whether facsimile or original), each of which shall be deemed to be an original, and together shall constitute one and the same instrument.
15. Full Service is up to the discretion of The Philadelphia Apartment Co.
