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Agency Agreement (Non-Exclusive)

Agency Agreement (Non-Exclusive)
Document Type: Microsoft Word
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This Agency Agreement is used to set out the terms upon which an agent is engaged by a principal on a non-exclusive basis. As this is a non-exclusive agreement, it contemplates that the principal may wish to appoint other agents to represent it in a similar way.

An Agent means is person who, for and on behalf of a principal, either introduces a third party to the principal by soliciting orders from the third party, or concludes contracts with the third party on behalf of the principal.

This Agency Agreement contemplates that the agent is a company and a director of that company makes certain representations and gives a guarantee.

It is important that the principal sets out the powers the agent has and any limitations on those powers. Provided the agent acts within the scope of its authority, the agent will bind the principal. If the principal holds the agent out to have authority, then even if there is a limitation in the agency agreement, the principal will still be bound. An agency agreement should also set out the remuneration of the agent, the specific tasks the agent will perform and the term or period of the agency.

Warning: there will be some situations (eg. Real estate agents) where there are statutory requirements governing the form and content of the agency agreement and you should not use this template for those types of agency agreements.

This document contains the following provisions:

1. Appointment of Agent and Relationship;
2. Representations by the Agent and Director;
3. Agent's Fees and Expenses;
4. Compliance with Laws;
5. Principal's Directions and Agent's Business;
6. Confidentiality;
7. Intellectual Property;
8. Good Faith and Co-Operation;
9. Term and Termination;
10. Waiver and Variations;
11. Guarantee by Director;
12. Independent Legal Advice;
13. Whole Agreement and Implied Terms;
14. Jurisdiction.

 
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