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AGENCY02.LEX
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1992-03-30
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.FT L----!----!----!----!----!----!----!----!----!----!----!----!---R
.TX1 *** DOCUMENT TO BE CONSTRUED AS GENERAL POWER OF ATTORNEY **
{!GP}. Construction as General Power of Attorney. This instrument
is to be construed and interpreted as a general power of attorney.
The enumeration of specific items, acts, rights or powers does
not limit or restrict, and shall not be construed as limiting or
restricting, the general powers granted herein.
.TX2 *** DOCUMENT TO REVOKE ALL PRIOR POWERS OF ATTORNEY ********
{!GP}. Revocation. This power of attorney revokes any of my
previous powers of attorney granted by me. This general power
of attorney may be voluntarily revoked by me at any time either
by my written revocation delivered to my attorney in fact or by
my written revocation entered of record in the deed records of
{COUNTY_NAME} County, {STATE_NAME}.
.TX3 *** DOCUMENT NOT TO REVOKE PRIOR POWERS OF ATTORNEY ********
{!GP}. Revocation. This power of attorney does not, and shall
not be construed to, revoke any previous powers of attorney
granted by me, but is in addition thereto.
.TX4 *** DOCUMENT NOT TO REVOKE SPECIFIED POWER OF ATTORNEY *****
{!GP}. Revocation. This power of attorney does not, and shall
not be construed to, revoke the power of attorney granted by me
to {OTHER_AGENT_NAME} which is dated {OTHER_POWER_DATE}, but is
in addition thereto.
.TX5 *** POWERS GRANTED NOT AFFECTED BY SUBSEQUENT DISABILITY ***
{!GP}. Disability. This power of attorney shall not be affected
by subsequent disability or incapacity of the principal.
.TX6 *** POWERS GRANTED TO BECOME EFFECTIVE UPON DISABILITY *****
{!GP}. Effective Date and Disability. Notwithstanding the other
provisions of this power of attorney, the rights, powers and
authority of my attorney in fact shall commence only upon my
disability as hereinafter defined and shall remain in full force
and effect thereafter until said disability is terminated.
Disability shall be defined as a substantial impairment of my
ability to care for my property by reason of age, illness,
infirmity, mental weakness, intemperance or addiction to drugs.
For the purpose of the exercise of this power by my attorney in
fact, my disability shall be conclusively determined by any one
of the following:
(a) The filing of a petition in a court of law personally by
me to appoint a guardian of my person or estate,
(b) A written declaration of my disability by my personal
physician, {PHYSICIAN_NAME}, to me and my attorney, or
(c) A written declaration of my disability by me to my
attorney in fact.
If the above-named physician shall die, cease to practice in
{COUNTY_NAME} County, {STATE_NAME} or fail to render a written
opinion as to my disability within a reasonable time upon a
request of the person named herein as my attorney in fact, then I
request that the governing board of the {COUNTY_NAME} County
Medical Society (or an equivalent or successor organization)
appoint three (3) physicians from the County to conduct an
examination into my disability. This committee is authorized to
rely solely upon written evidence in determining whether I am
disabled. The committee shall present its findings, in writing,
to my attorney in fact and such findings shall conclusively
determine my disability, or absence thereof. Members of the
committee shall be entitled to reasonable compensation for their
services.
.TX7 *** BOND FOR FAITHFUL PERFORMANCE NOT REQUIRED OF AGENT ****
{!GP}. Bond or Security. My attorney in fact {BOND/SHALL_NOT}
be obligated to furnish a bond or other security for faithful
performance of the powers granted herein.
.TX8 *** COMPENSATION OF AGENT SHALL (OR SHALL NOT) BE MADE *****
{!GP}. Compensation of Attorney in Fact. My attorney in fact,
and any successors {COMP/SHALL_NOT} be compensated for services
rendered under this power of attorney.
.TX9 *** LIMITATION OF AUTHORITY TO PREVENT TAXATION OF AGENT ***
{!GP}. Limitation of Authority. Any authority granted to my
attorney in fact herein shall be limited to prevent this power of
attorney from causing him, or her, from being taxed on my income
(unless said attorney in fact is my spouse) or from causing my
assets to be subject to a general power of appointment by my said
attorney, as that term is defined in the Internal Revenue Code of
the United States or similar laws of other jurisdictions.
.TX10 *** INDEMNIFICATION OF AGENT AGAINST CLAIMS, LOSSES, ETC. *
{!GP}. Indemnification of Attorney in Fact. I hereby bind
myself, my heirs, devisees and personal representatives to
indemnify my attorney in fact and any successor attorney in fact
against any and all claims, demands, losses, damages, actions and
including expenses, costs and attorneys' fees that he, or she,
may sustain or incur in exercising the power of attorney. My
death shall not revoke or terminate this agency as to any
attorney in fact who, without actual knowledge thereof, acts in
good faith under this power of attorney. Any action so taken,
unless otherwise invalid or unenforceable, shall be binding upon
me and my heirs, devisees and personal representatives. An
affidavit executed by my attorney in fact, or a successor
attorney in fact, stating that he, or she, does not have, at the
time of doing an act pursuant to this power of attorney, actual
knowledge of its revocation or termination is, in the absence of
fraud, conclusive proof of the continued existence of the power
at that time.
.TX11 *** CLOSING PARAGRAPHS FOR A POWER OF ATTORNEY ************
{!GP}. Gender and Number. Except where the context indicates
otherwise, words in the singular number shall be construed to
include the plural, and words in the masculine gender shall be
construed to include the feminine gender and vice versa.
{!GP}. Headings. The headings used throughout this document
have been inserted for convenience and do not constitute matter
to be construed in interpreting this power of attorney.
IN WITNESS WHEREOF, I have executed this power of attorney this
{DOCU_DAY} day of {DOCU_MONTH_YEAR}.
_____________________________
{PRINCIPAL_NAME}
ACKNOWLEDGEMENT
STATE OF {|STATE_NAME} :
:
COUNTY OF {|COUNTY_NAME} :
BEFORE ME, the undersigned authority on this day personally
appeared {PRINCIPAL_NAME}, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that the instrument was executed for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this {AFF_DAY} day
of {AFF_MONTH_YEAR}.
_____________________________
Notary Public
My Commission Expires: ________________.
.TX12 *** REVOCATION OF A PREVIOUS POWER OF ATTORNEY ************
REVOCATION OF POWER OF ATTORNEY
Know all Men by these Presents:
That, whereas I, {PRINCIPAL_NAME}, by a power of attorney dated
{PWR_DATE} did make, constitute and appoint {AGENT_NAME} of
{AGENT_ADDR} as my attorney in fact for me, and in my name, to
do certain acts and things in my behalf;
Now, therefore, I hereby revoke the said power of attorney
forthwith and every power and authority contained therein and
all powers and authority conferred thereby are terminated and
shall cease as of the date below; provided that nothing contained
herein shall affect the validity of any act or thing done by the
said {AGENT_NAME} by virtue of the powers conferred upon him, or
her, by the said power of attorney before he, or she, shall
receive notice of the revocation thereof.
Dated:
______________________________
{PRINCIPAL_NAME}
ACKNOWLEDGEMENT
STATE OF {|STATE_NAME} :
:
COUNTY OF {|COUNTY_NAME} :
BEFORE ME, the undersigned authority on this day personally
appeared {PRINCIPAL_NAME}, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged
to me that the instrument was executed for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this {AFF_DAY} of
{AFF_MONTH_YEAR}.
_____________________________
Notary Public
My Commission Expires: ________________.
.TX13 *** SALES AGENCY AGREEMENT FOR EMPLOYING A SALES AGENT ***
SALES AGENCY AGREEMENT
This Agreement is made this date between {PRINCIPAL_NAME},
"Principal", and {AGENT_NAME}, "Agent", as follows:
Whereas, the Principal is the owner and operator of a business
known as {BUSINESS_NAME} which is engaged in the business of
{BUSINESS_DESCRPTN}, and
Whereas, Principal desires to employ Agent for selling the
following products and the Agent is willing to act for the
Principal in selling such products:
PRODUCT DESCRIPTION
{?PRODUCTS}
Now therefore, in consideration of the mutual covenants and
promises contained herein, it is agreed as follows:
1. Principal shall employ Agent as {EXCLUSIVE/OR/NON} Agent to
solicit orders for the sale of the above products at the prices
and on such other terms and conditions established by Principal,
in the following area:
GEOGRAPHIC AREA
{SALES_AREA}
2. Agent hereby accepts such appointment and agrees to devote
his best efforts to solicit orders but shall have no authority,
right or power to accept any order, or to assume or create any
obligation on behalf of the Principal.
3. Agent shall not engage in the selling of any product which
is in competition with any of the the above-described products
for any competitor of the Principal.
4. In full compensation of the services of Agent, Principal
shall pay the Agent {COMMISSION}% of the sales price of all sales
of the above-described products made by Agent during the term of
this agreement. Said commission shall be paid {COMM_PERIODLY}.
5. This Agency Agreement shall commence {START_DATE} and shall
terminate {END_DATE} unless earlier terminated by Principal for
just cause or by the mutual agreement of Principal and Agent.
6. This Agency is personal and the Agent shall not sell, assign,
convey or otherwise transfer his rights hereunder.
Dated: {DOCU_DATE}
_____________________________
{PRINCIPAL_NAME},
Principal
______________________________
{AGENT_NAME},
Agent
.END ************** END OF AGENCY02.LEX *************************