General Terms and Conditions of Business of Agrarboden GmbH & Co. KG

1. Contents of Quotations

Agrarboden GmbH & Co. KG receives the information concerning our real estate quotations from the owner or from the sources named. We pass this information on to the parties interested in purchasing / leasing / renting with no assumption of liability for its correctness. All quotations are non-binding and subject to prior sale. Commitments on the part of the broker with regard to the transaction opportunity are only binding if given in written form.

2. Object of the Agreement

The object of the Agreement is the evidence of provided opportunity for the respective transaction and/or effective mediation of the transaction. In the case of success, the purchaser / leaseholder / tenant shall pay Agrarboden GmbH & Co. KG commission to the rate stated below. As we are regularly contracted by owners to sell real estate, it is also permissible for us to act as intermediary broker for the other main party to the Agreement.

3. Prohibition of Information Transmission

The information concerning the provided opportunity for the respective transaction the is exclusively intended for the parties interested in purchasing / leasing / renting the real estate. Transmission to third parties is strictly prohibited. In the case of transmission of the information and conclusion of a contract by the so-informed third party, the party interested in purchasing / leasing / renting the real estate is still obliged to pay commission.

4. Rate of Commission

After successful conclusion of the transaction (effecting of a purchase / lease / rental contract), the purchaser / leaseholder / tenant shall pay Agrarboden GmbH & Co. KG a once-only commission amounting to the following percentage rate of the purchase price plus purchase-price-equalivalent services, e.g. the taking-over of liabilities, or the price of taking over the lease (assignment) or, in the case of real-estate leasing/rental, 10-times the annual lease/rent including the statutory sales tax:

• Purchase and taking over the lease (assignment) of real-estate in the old Federal German States with the exception of Schleswig-Holstein and Lower Saxony: 3.57%
• Purchase and taking over the lease (assignment) of real-estate in the new Federal German States, Schleswig-Holstein, Lower Saxony and in foreign countries: 5.95%
• Leasing / rental with a contract period of up to 9 years: 3.57% of the sum derived from the annual lease multiplied by the leasing period, however at least Euro 50,000 incl. sales tax
• Leasing / rental with a contract period longer than 9 years: 3.57% of 10x the annual lease

We reserve the right to deviate from the aforementioned regulation in the case of specific brokerage objects and will, in such cases, notify the interested party of such deviation in good time. The commission shall be deemed as earned and due upon conclusion of the corresponding purchase or leasing or rental contract.

5. Substitute and Follow-up Transactions

The client is also obliged to pay remuneration in accordance with our agreed rates of commission in the case of a substitute transaction. An example for a substitute transaction is if in connection with the activities of the broker the potential main contracting party proven by the broker offers the client a different opportunity for conclusion of the main contract or if by way of the proven opportunity the client concludes the main contract with the legal successor of the potential main contracting party, or if the client purchases the proven object instead of renting or leasing it or vice versa. For the obligation to pay commission to come into force, it is not necessary that the transaction giving rise to the obligation to pay commission is of the same economic value as the originally intended transaction in the terms of established case law regarding the definition of economic identity.

6. Severability Clause and Place of Jurisdiction

If one of the above clauses is or becomes completely or partially ineffective, the remaining provisions and the overall Agreement will remain in force. Nullification, modification or supplementation of the Agreement clauses are only valid in written form. If our client is a dealer or has no official domicile in Germany, the official location (Beckum) of Agrarboden GmbH & Co. KG shall be deemed the place of jurisdiction and place of performance.