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COMMERCIAL LISTING CONTRACT: <br />EXCLUSIVE <br />137. Page 4 <br />138. Property located at Multiple Parcels See Lines 292-298 Elk River MN 55330 <br />139. COMPENSATION FOR LEASE: (To be completed only if Property is being offered for lease.) Lessor shall pay Broker a <br />140. retainer fee of $ when Lessor signs this Contract. Broker shall keep this fee even <br />141. if Lessor does not lease the Property. It is further agreed that Lessor shall pay Broker a brokerage fee of: <br />142. (Check any that apply.) <br />143. <br />❑ <br />- <br />144. <br />❑ <br />145. <br />❑ <br />$ <br />146. <br />❑ <br />$ <br />147. <br />❑ <br />$ <br />148. <br />❑ <br />OTHER: <br />149. <br />150 <br />151 <br />152 <br />percent (%) of the total gross obligation of the lease price; <br />percent (%) of the total net obligation of the lease price; <br />per useable square foot; <br />per rentable square foot; <br />upon the occurrence of any of the following conditions, identified in lines 153-201 and paid in the following manner: <br />percent (%) upon lease execution and percent (%) upon lease occupancy. <br />153. COMPENSATION CONDITIONS: <br />154. 1. The sale and/or lease, contract for sale and/or lease, exchange or conveyance of the Property during the period <br />155. of this Contract by Broker or any other person, including but not limited to, Seller and/or Lessor or any other <br />156. agent or broker not a party to this Contract, in accordance with the price, terms, or exchange as set forth here <br />157. or as otherwise consented to by Seller and/or Lessor; <br />158. 2. A buyer and/or tenant is procured, whether by Broker, Seller and/or Lessor or anyone else, who is ready, willing <br />159. and able to purchase and/or lease the Property at the price and terms set forth above and Seller and/or Lessor <br />160. refuses to sell and/or lease; <br />161. 3. A Seller and/or Lessor agrees to sell and/or lease the Property before the expiration of this Contract, and Seller <br />162. refuses to close the sale and/or Lessor refuses to commence the lease in accordance with the terms of the <br />163. executed lease agreement; <br />164. 4. A Seller and/or Lessor removes the Property from the market before expiration of this Listing Contract; <br />165. 5. If Seller and/or Lessor grants an option to purchase and/or lease the Property, Seller and/or Lessor shall compensate <br />166. Broker, as provided here, based on the price paid for the option and for any extensions of the option. This compensation <br />167. shall be paid upon receipt by Seller and/or Lessor of any such payments. In the event such option is exercised, <br />168. whether during the term of this Contract, or within 5 months after, Seller and/or Lessor shall also compensate <br />169. Broker on the gross sale and/or lease price of the Property in accordance with the provisions here. <br />170. Notwithstanding the foregoing, to the extent that all or part of the price paid for the option or any extension of the option <br />171. is applied to the sale and/or lease price of the Property, then any compensation previously paid by Seller and/or <br />172. Lessor to Broker on account of such option payments shall be credited against the compensation payable to <br />173. Broker on account of the exercise of the option; <br />174. 6. During the term of this Listing Contract or within 180 days (not to exceed six (6) months, except for the <br />175. purchase orsale ofa business in which case it cannot exceed two (2) years) after the expiration of this Listing Contract: <br />176. (a) the Property is acquired by a public authority; <br />177. (b) an agreement to acquire the Property is reached with a public authority; or <br />178. (c) a public authority institutes eminent domain/condemnation proceedings to acquire the Property; <br />179. 7. Seller and/or Lessor contributes or conveys the Property or any interest therein to a partnership, joint venture or <br />180. other business entity during the term of this Contract in lieu of a sale and/or lease of the Property during the term <br />181. of this Contract; <br />MNC:LC:E-4 (8/20) <br />Minnesota <br />Realtors <br />TRANSACTIONS <br />,r V.n DlskEd,ti- <br />