Agreement Form

    Multiple Listing Services Contract

    This Listing Agreement is a designated representation agreement where the Brokerage has designated Salesperson/Broker/Broker of Record as the Designated Representative(s) and all parties understand it is the Designated Representatives) who will be providing services and representation to the Landlord, and the Brokerage provides services but not representation.

    (Landlord acknowledges that the length of the Listing Period is negotiable between the Landlord and the Listing Brokerage and, if an MLS listing, may be subject t to minimum requirements of the real estate board, however, in accordance with the Trust in Real Estate Services Act, 2002 (TRESA), the Listing Brokerage must obtain the Landlord's initials.)

    to offer the Property for lease at a rent of:

    Dollars and upon the terms particularly set out herein, or at such other rent and/or terms acceptable to the Landlord. It is understood that the rent and/or terms set out herein are at the Landlord's personal request, after full discussion with the Listing Brokerage's representative regarding potential market rent of the Property.

    The Landlord hereby represents and warrants that the Landlord is not a party to any other listing agreement for the Property or
    agreement to pay commission to any other real estate brokerage for the lease of the Property.

    1. DEFINITIONS AND INTERPRETATIONS:

    For the purposes of this Agreement ("Authority" or "Agreement"): "Landlord includes lessor, vendor and seller and a "tenant" includes lessee, purchaser and buyer and a a prospective lessee or tenant, purchaser or buyer. "Self-represented assistance" shall mean assistance provided to a self-represented party. A lease includes any rental agreement, sub-lease or renewal of a lease. The "Property" shall be deemed to include premises or part thereof or interest therein. A "real estate board includes a real estate association. Commission shall shall be deemed to include other remuneration. This Agreement shall be read with all changes of gender or number required by the context. For purposes of this Agreement, anyone introduced to or shown the Property shall be deemed to include any spouse, heirs, executors, administrators, raters successors, assigns, related corporations and affiliated corporations. Related corporations or affiliated corporations shall include any corporation where one half or a majority of the shareholders, directors or officers of t of the related or affiliated corporation are the same person(s) as the shareholders, directors, or officers of the corporation introduced to or shown the Property. "Public Marketing" shall have the same meaning as set out in REALTORĀ® Cooperation Policy as published by the Canadian Real Estate Association.

    The Landlord further Other agrees to pay such commission, as calculated above even if the transaction contemplated by an agreement to lease agreed to or accepted by the Landlord or anyone on the Landlord's behalf is not completed, if such non-completion is owing or attributable to the Landlord's default or neglect, said commission to be payable on the earlier of the date of occupancy by the tenant or the execution of the lease or the date set for commencement of the lease or tenancy.

    Any deposit in respect of any agreement where the transaction has been completed shall first be applied to reduce the commission payable. Should such amounts paid to the Listing Brokerage from the deposit or by the landlord's solicitor not be sufficient, the Landlord shall be liable to pay to the Listing Brokerage on demand, any deficiency in commission and faxes owing on such commission. All amounts set out as commission are to be paid plus applicable taxes on such commission.

    3. REPRESENTATION:

    The Landlord acknowledges that the Listing Brokerage has provided the Landlord with written information explaining agency
    relationships, including information on Landlord Representation, Client Limited Service, Sub-agency, Tenant Representation, Multiple Representation
    and Self-Represented Party assistance. The Landlord understands that unless the landlord is otherwise informed, the co-operating brokerage is representing the interests of the tenant in the transaction. The Landlord further acknowledges that the Listing Brokerage may be listing other properties that may be similar to the Landlord's Property and the Landlord hereby consents to the Listing, Brokerage listing other properties that may be similar to the Landlord's Property without claim by the Landlord of conflict of interest. The Landlord hereby appoints the the Listing Brokerage as the Landlord's agent for the purpose of giving, and receiving notices pursuant to any offer or agreement to lease the Property. Unless otherwise agreed in writing between Landlord and Listing Brokerage, any commission payable to any other brokerage shall be paid out of the commission the Landlord pays the Listing Brokerage, said commission to be disbursed in accordance with the Commission Trust Agreement.

    4. MULTIPLE REPRESENTATION:

    The Landlord hereby acknowledges that the Listing Brokerage may be entering into tenant representation agreements with tenants who may be interested in leasing the Landlord's Property. In the event that the Listing Brokerage has entered into or enters into a lenant representation agreement with a prospective tenant for the Landlord's Property, the Listing Brokerage will require the Landlord's written consent to represent both the
    Landlord and the tenant for the transaction. The Landlord understands and acknowledges that the Listing Brokerage must be impartial when representing both the Landlord and the tenant and equally protect the interests of the Landlord and tenant. The Landlord understands and acknowledges that when representing both the Landlord and the tenant, the Listing Brokerage shall have a duty of full disclosure to both the Landlord and the tenant, including a requirement to disclose all factual
    information about the Property known to the Listing Brokerage. However, the Landlord further understands and acknowledges that the Listing Brokerage shall not disclose: that the Landlord may or will accept less than the listed rent, unless otherwise instructed in writing by the Landlord; that the tenant may or or will pay more than the offered rent, unless otherwise instructed in writing by the tenant; the motivation of or personal information about the Landlord or tenant, unless otherwise instructed in writing by the party to which the information applies or unless failure to disclose would constitute fraudulent, unlawful or unethical practice;
    the rent the tenant should offer or the rent the Landlord should accept; and the Listing Brokerage shall not disclose to the tenant the terms of any other offer, unless otherwise directed in writing by the Landlord. However, it is understood that factual market information about comparable properties and information known to the Listing Brokerage concerning potential uses for the Property will be disclosed to both Landlord and tenant to assist them to come to their own conclusions. Brokerage shall not be appointed or authorized to be agent for either the Landlord or the tenant for the purpose of giving and receiving notices The where the Brokerage represents both the Landlord and the tenant (multiple representation) or where the tenant or the landlord is a self-represented party.

    5. MULTIPLE REPRESENTATION AND LIMITED SERVICES REPRESENTATION:

    The Landlord understands and agrees that the Listing Brokerage
    may provide client limited services and representation to other landlords and tenants. The Landlord understands and acknowledges that when representing both the Landlord and the tenant, where one or both the landlord and tenant are receiving limited services and representation the Listing
    Brokerage shall have a duty of services and representation and disclosure to one or both the Landlord and the tenant, as more particularly set out in the agreement with the respective Landlord or tenant. If the Listing Brokerage provides client limited services and representation to more than one
    landlord or tenant for the same trade, the Listing Brokerage shall, in writing, inform all landlords and tenants of the nature of the Listing Brokerage's relationship to each landlord and tenant, and will require consent in writing for such multiple representation.

    6. MULTIPLE REPRESENTATION AND DESIGNATED REPRESENTATION:

    The Landlord understands and acknowledges where both the Landlord and tenant are represented by a designated representative of the Listing Brokerage, multiple representation will not result, unless that designated representative represents more than one client in the same trade, and will require consent in writing for such multiple representation. In the event of multiple representation and designated representation, the Brokerage duty of disclosure to both the landlord and the tenant client, is as more particularly set out in the agreement with the respective landlord or tenant.

    7. FINDERS FEES:

    The Landlord acknowledges that the Brokerage may be receiving a finder's fee, reward and/or referral incentive, and the Landlord
    consents to any such benefit being received and retained by the Brokerage in addition to the Commission as described above.

    8. REFERRAL OF ENQUIRIES:

    The Landlord agrees that during the Listing Period, the Landlord shall advise the Listing Brokerage immediately of all lease submitted to the Landlord shall be immediately submitted to the Listing Brokerage by enquiries from any source whatsoever, and all offers to
    the Landlord before the landlord accepts or rejects the same. If any enquiry during the listing Period results in the Landlord accepting a valid offer to lease during the Listing Period or within the Holdover Period after the expiration of the Listing Period described above, the Landlord agrees to pay the Listing Brokerage the amount of commission set out above, payable within five (5) days following the Listing Brokerage's written demand therefor.

    9. MARKETING:

    The Landlord agrees to allow the listing Brokerage to show and permit prospective tenants to fully inspect the Property during reasonable hours and the Landlord gives the Listing Brokerage the sole and exclusive right to place "For Lease" and "Leased" sign(s) upon the Property.
    The Landlord consents to the Listing Brokerage including information in advertising that may identify the Property. The Landlord further, agrees that the
    Listing Brokerage shall have sole and exclusive authority to make all advertising decisions relating to the marketing of the Property for lease during the Listing Period. The Landlord agrees that the Listing Brokerage will not be held liable in any manner whatsoever for any acts or omissions with respect to advertising by the Listing Brokerage or any other party, other than by the Listing Brokerage's gross negligence or will full act. The Landlord
    acknowledges the Brokerage in accordance with MLS Rules and Regulations, and the Canadian Real Estate Association REALTOR Code

    10. WARRANTY:

    The Landlord represents and warrants that the Landlord has the exclusive authority and power to execute this Authority to offer the settings Property for lease and that the Landlord has informed the Listing Brokerage of any third party interests or claims on the Property such as rights of first
    refusal, options, easements, mortgages, encumbrances or otherwise concerning the Property, which may affect the leasing of the Property.

    11. INDEMNIFICATION AND INSURANCE:

    The Landlord will not hold the Listing Brokerage and representatives of the Brokerage responsible for any loss or damage to the Property or contents occurring during the form of this Agreement caused by the Listing Brokerage or anyone else by any means, including theft, fire or vandalism, other than by the Listing Brokerage's gross negligence or will full act. The Landlord agrees to indemnify and save harmless the Listing Brokerage and representatives of the Brokerage and any co-operating brokerage from any liability, claim, loss, cost, damage or injury, including but not limited to loss of the commission payable under this Agreement, caused or contributed to by the breach of any warranty or representation made by the Landlord in this Agreement or the accompanying data form. The Landlord warrants the Property is insured, including personal liability insurance against any claims or lawsuits resulting from bodily injury or Property damage to others caused in any way on or at the Property and the Landlord indemnifies the Brokerage and all of its employees, representatives, salespersons and brokers (Listing Brokerage) and any co-operating brokerage and all of its employees, representatives, salespersons and brokers (co-operating brokerage) for and against any claims against the Listing Brokerage or co-operating brokerage made by anyone who attends or visits the Property.

    12. FAMILY LAW ACT:

    The Landlord hereby warrants that spousal consent is not necessary under the provisions of the Family Law Act, R.S.O. 1990, unless the spouse of the Landlord has executed the consent hereinafter provided.

    13. VERIFICATION OF INFORMATION:

    The Landlord authorizes the Listing Brokerage and representatives of the Brokerage to obtain any information from any regulatory authorities, governments, mortgagees or others affecting the Property and the Landlord agrees to execute and deliver such further authorizations in this regard as may be reasonably required. The Landlord hereby appoints the Listing Brokerage or the Listing Brokerage's authorized representative as the
    Landlord's attorney to execute such documentation, as may be necessary to effect obtaining any information as aforesaid. The Landlord hereby authorizes, instructs and directs the above noted regulatory authorities, governments, mortgagees or others to release any and all information to the Listing Brokerage.

    14. USE AND DISTRIBUTION OF INFORMATION:

    : The Landlord consents to the collection, use and disclosure of personal information by the Brokerage for
    the purpose of listing and marketing the Property including, but not limited to: listing and advertising the Property using any medium including the Internet;
    disclosing Property information to prospective tenants, brokerages, salespersons and others who may assist in the leasing of the Property; such other use of
    the Landlord's personal information as is consistent with listing and marketing of the Property. The Landlord consents, if this is an MLS Listing, to placement
    of the listing information and leasing information by the Brokerage into the database(s) of the MLS System of the appropriate Board, and to the posting of
    any documents and other information (including, without limitation, photographs, images, graphics, audio and video recordings, virtual tours, drawings,
    floor plans, architectural designs, artistic renderings, surveys and listing descriptions) provided by or on behalf of the Landlord into the database(s) of th
    MLS System of the appropriate Board. The Landlord hereby indemnifies and saves harmless the Brokerage and/or any of its employees, servants, brokers or
    sales representatives from any and all claims, liabilities, suits, actions, losses, costs and legal fees caused by, or arising out of, or resulting from the posting
    of any documents or other information (including, without limitation, photographs, images, graphics, audio and video recordings, virtual tours, drawings,
    floor plans, architectural designs, artistic renderings, surveys and listing descriptions) as aforesaid. The Landlord acknowledges that the database, within
    the board's MLS System is the Property of the real estate board(s) and can be licensed, resold, or otherwise dealt with by the board(s). The Landlord further
    acknowledges that the real estate the board(s) may: during the term of the listing and thereafter, distribute the information in the database, within the board's MLS
    System to any persons authorized to use such service which may include other brokerages, government departments, appraisers, municipal organizations
    and others; market the Property, at its option, in any medium, including electronic media, during the term of the listing and thereafter, compile, retain and
    publish any statistics including historical data within the board's MLS System and retain, reproduce and display photographs, images, graphics, audio and
    video recordings virtual tours, drawings, floor plans, architectural designs, art artistic renderings, surveys and listing descriptions which may be used by board
    members to conduct comparative analyses; and make such other use of the information as the Brokerage and/or real estate board(s) deem appropriate, in
    connection with the listing, marketing and leasing of real estate during the term of the listing and thereafter. The Landlord acknowledges that the information,
    personal or otherwise otherwise ("information provided to the real estate board board or association may be stored on databases located outside of Canada, in which case the information would be subject to the laws of the jurisdiction in which the information is In the event that this Agreement expires or is cancelled or otherwise terminated and the Property is not leased, the Landlord, by initialing: consent to allow other real estate board members to contact the Landlord after expiration or other termination of this Agreement to discuss listing or otherwise marketing the Property.

    15. SUCCESSORS AND ASSIGNS:

    The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of this Agreement.

    16. CONFLICT OR DISCREPANCY:

    If there is any conflict or discrepancy between any provision added to this Agreement (including any Schedule
    attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the
    extent of such conflict tor discrepancy. This Agreement, including any Schedule attached hereto, shall constitute the entire Authority from the Landlord
    to the Brokerage. There is no representation, warranty, collateral agreement or condition which affects this Agreement other than as expressed herein.

    17. ELECTRONIC COMMUNICATION:

    This Agreement and any agreements, notices or other communications contemplated thereby may be transmitted
    by means of electronic systems, in which case signatures shall be deemed to be original. The transmission of this Agreement by the Landlord by electronic means shall be deemed to confirm the Landlord has retained a true copy of the Agreement

    18. SCHEDULE(S):

    and data form attached hereto form(s) part of this Agreement.

    THE LISTING BROKERAGE AGREES TO MARKET THE PROPERTY ON BEHALF OF THE LANDLORD AND REPRESENT THE LANDLORD IN AN ENDEAVOUR TO OBTAIN A VALID OFFER TO LEASE THE PROPERTY ON THE TERMS SET OUT IN THIS AGREEMENT OR ON SUCH OTHER TERMS SATISFACTORY TO THE LANDLORD.

    THIS AGREEMENT HAS BEEN READ AND FULLY UNDERSTOOD BY ME, I ACCEPT THE TERMS OF THIS AGREEMENT AND I ACKNOWLEDGE ON THIS DATE I HAVE SIGNED UNDER SEAL. Any representations contained herein or as shown on the accompanying data form respecting the Property are true to the best of my knowledge, information and belief.

    SIGNED, SEALED AND DELIVERED I have hereunto set my hand and seal:


    SPOUSAL CONSENT: (If Owned By A Spouse)

    The undersigned spouse of the Landlord hereby consents to the listing of the Property herein pursuant to the provisions of the Family Law Act, R.S.O. 1990 and hereby agrees to execute all necessary or incidental documents to further any transaction provided for herein.

    DECLARATION OF INSURANCE

    (Name of Salesperson/Broker/Broker of Record)

    hereby declares that he/she is insured as required by TRESA.


    ACKNOWLEDGEMENT



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