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The Commercial Broker Agreement is essential for businesses operating in Germany that utilize intermediaries to facilitate commercial transactions. This document type is specifically designed to comply with German legal requirements, particularly the provisions of the German Commercial Code (HGB) governing commercial brokers (Handelsmakler). It is used when a company wants to formally engage a broker to facilitate business transactions, find customers, or negotiate deals on their behalf. The agreement covers crucial aspects such as commission structures, broker's authority limits, reporting requirements, and compliance with German commercial law. It's particularly important as it provides legal certainty regarding the broker's entitlement to commission and defines the scope of their authority to represent the principal in the German market.

1. Parties: Identification of the principal and the broker, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Key terms used throughout the agreement, including specific industry terminology and defined commercial terms

4. Appointment and Scope of Services: Details of the broker's appointment and comprehensive description of authorized brokerage services

5. Broker's Rights and Obligations: Detailed obligations of the broker, including duty of care, information requirements, and compliance with German commercial law

6. Principal's Rights and Obligations: Principal's duties, including information provision and cooperation obligations

7. Commission and Payment Terms: Structure of broker's commission, calculation method, payment terms, and conditions for commission entitlement

8. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Data Protection: GDPR compliance measures and data processing obligations

11. Non-Competition and Exclusivity: Any restrictions on broker's activities and exclusivity provisions

12. Liability and Indemnification: Limitation of liability provisions and indemnification obligations

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments