BREEDER/BROKER AGREEMENT

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" height=90 BGCOLOR="#006699" TEXT="#080000" background="4b3a45a3.jpg"> <div> <I><B>Exotic Bird Stores </B></I></div> <div> <B> <TABLE BORDER="0" CELLPADDING="2" CELLSPACING="1" WIDTH="489" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="BOX" RULES="ALL" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 28 WIDTH="112"><div> <A HREF="index.htm" TARGET="_top" TITLE=" Exotic Bird Stores "><B><U>  Exotic Bird Stores </U></B></A><A HREF="id4.htm" TARGET="_top" TITLE="Aviculturists"><B><U>Aviculturists</U></B></A></div> </tD> <tD VALIGN=TOP WIDTH="71"><div> <A HREF="id27.htm" TARGET="_top" TITLE="Contracts"><B><U>Contracts</U></B></A></div> </tD> <tD VALIGN=TOP WIDTH="138"><div> <A HREF="id52.htm" TARGET="_top" TITLE="Books"><B><U>Books</U></B></A></div> </tD> <tD VALIGN=TOP WIDTH="71"><div> <A HREF="id32.htm" TARGET="_top" TITLE="Aviculture Prices"><B><U>Aviculture Prices</U></B></A></div> </tD> <tD VALIGN=TOP WIDTH="71"><div> <A HREF="id6.htm" TARGET="_top" TITLE="Contact"><B><U>Contact</U></B></A></div> </tD> </tR> </TABLE></B></div> <bR> <div> </div> </td> </tr><tr> <td valign="top" height=390 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <I>BREEDER/BROKER AGREEMENT</I></div> <div> <TABLE BORDER="0" CELLPADDING="1" CELLSPACING="1" WIDTH="628" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="VOID" RULES="NONE" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 2448 WIDTH="592"><div> Breeder/Broker Agreement</div> <bR> <div> <B>More and more, the brokering of birds, whether as an exclusive endeavor or as part of a breeding/sales operation, is becoming evident in aviculture. When brokering a bird, one person (the broker) is taking a bird from another (the breeder) and selling it to a third person (the buyer). As you can imagine, the situation becomes complex. What liability does the broker have while he has possession of the bird? What are the breeder's expectations and obligations? How does the broker acquire the necessary ownership interest to legally pass title to the bird upon its sale? What kind of warranty does the buyer get in a situation like this? What if the bird gets sick days after the sale? Who's responsible? The broker? The breeder?</B> </div> <bR> <div> <B>This Agreement is meant to be used as a guide for preparation of a legally-binding document. For legal advise on the terms, conditions and ramifications of the terms of such an agreement, you must seek formal legal counsel from an attorney of your choice.</B></div> <div> <B><U>BREEDER/BROKER AGREEMENT</U></B> </div> <bR> <div> <B>1. As herein referenced, the parties to this agreement are identified as follows:</B> </div> <div> <B>BREEDER: ______________________ </B></div> <div> <B>BROKER: ______________________</B> </div> <bR> <div> <B>2. This Agreement is acknowledged and affirmed as being a complete description of the terms and conditions regarding the transfer of possession and sale, if applicable, of all birds from Breeder to Broker, unless otherwise specified by written agreement.</B> </div> <div> <B>3. This Agreement shall commence on the date of execution by Breeder and is terminable at-will by either party upon written notice.</B> </div> <bR> <div> <B>4. Breeder will, at his/her own discretion, supply to Broker birds for sale to interested parties and/or buyers. Broker will attempt to sell birds supplied by Breeder to buyers of his choosing at a sales price agreed upon by Breeder and Broker at the time said birds are delivered to Broker. At the time Breeder's bird(s) are delivered to Broker, Broker shall take possessory rights only in the birds. Broker shall maintain possession of the bird(s) until sold to a buyer, at which time Broker is specifically authorized and granted authority by Breeder to sell the bird(s) at the agreed-upon price, and sign a sales agreement with the buyer, representing himself as Seller in the transaction with the buyer. At the time this sales agreement is executed between Broker and buyer, Breeder hereby grants, authorizes and acknowledges that Broker's interest in said bird(s) changes from possessory to ownership for purposes of transferring all ownership interest in said bird(s) to the ultimate buyer.</B> </div> <div> <B>5. While Broker has possession of Breeder's bird(s), Broker agrees to pay for all food, housing, materials and attendant care expenses for the maintenance of the bird(s) until ultimate sale. However, it is also agreed that, if the bird(s) require veterinary care or attention while in possession of Broker, at the sole and exclusive discretion or Broker, Breeder will pay for and/or reimburse Broker immediately for all veterinary expenses incurred. Copies of all veterinary reports, culture results, treatment records and/or necropsy reports prepared on any of the bird(s), whether due to sickness or death, shall be sent to Breeder by Broker immediately upon receipt.</B> </div> <bR> <div> <B>6. Breeder agrees to indemnify and hold harmless Broker against any and all claims, including but not limited to claims for personal injury, wrongful death, property damage or damage to animals or other losses, costs and expenses (including reasonable attorney's fees) included, which may be brought by third parties arising out of or in connection with this Agreement or the possession or sale of the bird(s) herein referenced.</B> </div> <bR> <div> <B>7. Breeder agrees and hereby holds harmless Broker against any and all claims, including but not limited to claims for disease, property damage or loss, arising out of the care, maintenance and treatment of the bird(s) referenced in and by this Agreement, including claims for loss due to disease, escape, death or theft. This agreement to hold harmless applies not only during the term of this Agreement, but extends to the time following termination of this Agreement.</B> </div> <div> <B>8. It is hereby acknowledged and understood by Breeder that in the sales transaction entered into between Broker and the ultimate buyer, Broker provides a 72-hour warranty and/or other negotiated exchange right to the buyer of said bird(s). Breeder agrees and understands that if any of the birds subject to this agreement are returned to Broker pursuant to this warranty/exchange provision, or if any of the birds subject to this agreement are returned to or taken back by Broker, for any reason, from the ultimate buyer, then the birds return to the possession of Broker who may either keep the birds in an attempt to resell them (in which case, the terms and conditions of this Agreement reattach) or may return the birds to Breeder, who agrees to accept said returned birds without recourse, reimbursement or indemnification from Broker.</B> </div> <div> <B>9. Death or incapacity of Broker shall terminate this Agreement and shall entitle Breeder or Breeder's designated representative or estate to immediate repossession of all birds then in possession of Broker, without recourse.</B> </div> <bR> <div> <B>10. It is agreed that Broker will pay Breeder ____% of the agreed sales price of any bird sold by Broker to an ultimate buyer, and shall retain ____% of the sales price for himself. It is further agreed and understood that Broker's obligation to pay Breeder for the bird(s) sold that are the subject of this agreement begins only after the warranty/exchange period has expired and buyer's payment draft or check to Broker has cleared the bank and been posted and properly credited to Broker's account.</B> </div> <bR> <div> <B>11. Regardless of the conditions and circumstances surrounding the execution of this Agreement, the parties hereto agree that the interpretation and enforcement of this Agreement shall be governed by the laws of the State of _____________, and any suit instituted by either party to enforce any term, condition or clause of this Agreement shall be filed in the appropriate Court in the County of ____________.</B> </div> <bR> <div> <B>12. In the event that either party hereto must file suit, as referenced in paragraph #11, to enforce the terms of this Agreement, it is agreed that the prevailing party shall recover all costs, including attorney's fees, associated with said enforcement from the losing party.</B> </div> <bR> <div> <B>13. It is hereby specifically acknowledged by both parties hereto that this Agreement does not create, nor is it meant to create or imply, any partnership or joint venture between the parties. The parties hereto specifically waive any and all rights that they may have under law or equity to claim or allege that a partnership or joint venture has been created by this Agreement.</B> </div> <bR> <div> <B>14. This Agreement has been read and understood by both parties hereto, and by executing this Agreement, the parties agree that all terms and conditions contained herein are acceptable and binding. </B></div> <bR> <div> <B>15. This Agreement is acknowledged and affirmed by the parties hereto as being a complete description of the terms and conditions concerning the Breeder/Broker Agreement herein referenced. All other terms and conditions, either verbal or in writing, are void and superseded by specific terms of this Agreement.</B> </div> <bR> <div> <B>16. Neither this Agreement nor any rights or privileges granted hereunder shall be assigned by either party hereto without the prior, written permission of the parties.</B> </div> <bR> <div> <B>Dated: _____________ ________________________________</B> </div> <div> <B>BREEDER</B> </div> <div> <B>Dated: _____________ ________________________________</B> </div> <div> <B>BROKER</B> </div> <bR> <div> <I><B>Last Updated May 17, 2000 by </B></I><FONT SIZE="3" COLOR="#0000FF" FACE="Arial" ><I><B><U>Larry Ring</U></B></I></FONT> </div> </tD> <tD VALIGN=TOP WIDTH="22"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="2448" ALIGN="bottom" WIDTH="22" HSPACE="0" VSPACE="0"></tD> <tD VALIGN=TOP WIDTH="4"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="2448" ALIGN="bottom" WIDTH="4" HSPACE="0" VSPACE="0"></tD> </tR> </TABLE></div> <bR> <bR> <bR> <div> <I><B><U></U></B></I><FONT SIZE="1" COLOR="#000000" FACE="Arial" >This site was designed and built by: Cherane Pefley Copyright © 1999-2000. 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