commission assignment definition

Commission Agreement Template

Jump to section, what is a commission agreement template.

A commission agreement template is a legal form that outlines the process and policies for paying commissions to an employee or independent agent. It specifies how much, when, and what percentage will be paid to them for their services. The company can also specify any restrictions on the types of business that they are allowed to do with competitors.

These templates are typically used in situations where there may be more than one company involved with the sale of goods or services, such as when an independent salesperson sells products on behalf of two different companies. The commission agreement template can help clarify what percentage each company will take from the final price and how much money will ultimately be available to pay out to employees who assisted with the sale.

There are many free templates that can be found on the internet. It is important to have these reviewed by a lawyer to make sure you're getting favorable terms for your business.

Common Sections in Commission Agreement Templates

Below is a list of common sections included in Commission Agreement Templates. These sections are linked to the below sample agreement for you to explore.

Commission Agreement Template Sample

EXHIBIT 10.1

COMMISSION AGREEMENT

          THIS COMMISSION AGREEMENT (the “Agreement”) is entered into as of the 12th day of September, 2002, by and between ABC BANCORP , a Georgia corporation (the “Company”), and JERRY L. KEEN , an individual resident of the State of Georgia (“Keen”).

W   I   T   N   E   S   S   E   T   H :

          WHEREAS , upon the terms and conditions set forth herein, the Company wishes to compensate Keen for the provision of certain brokerage, investment services and certain life insurance products to certain of the customers of the Company and its subsidiaries introduced thereto by Keen;

          WHEREAS , Keen desires to be so compensated; and

          WHEREAS , the Company desires reasonable protection of its confidential business and customer information which it has developed over the years at substantial expense and also desires assurance that Keen will not compete with the Company for a reasonable period of time after the termination or expiration of this Agreement, except as otherwise provided herein.

          NOW, THEREFORE , in consideration of these premises, the mutual covenants and undertakings herein contained, the Company and Keen, each intending to be legally bound, covenant and agree as follows:

          1.         Term . The term of this Agreement shall begin on the date (the “Effective Date”) that Keen satisfies all sponsorship requirements of Raymond James Financial Services (“Raymond James”), including, without limitation, a physical examination, drug screen test and credit check, and, unless otherwise earlier terminated pursuant to Section 3 hereof, shall end on the date which is three (3) years following the Effective Date (hereinafter referred to as the “Term”).

          2.         Fees and Commissions .

          (A)        On the Effective Date, the Company shall make a one-time payment in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00) to Keen by delivery of cash or a Company check made payable to Keen.

          (B)        On the first regular payroll payment date of the Company following the first, second and third anniversaries of the Effective Date, Keen will be paid (a) Twenty-Five Thousand and No/100 Dollars ($25,000.00) if, during the twelve (12) month period immediately preceding such anniversary, The First Bank of Brunswick, a wholly-owned subsidiary of the Company (“First Bank”), earns between $240,000 and $279,999 of gross commissions and fees from the provision of brokerage and investment services (other than sales of fixed annuities

through PFIC and credit life and accident & health insurance) to its customers during such year, or (b) Fifty Thousand and No/100 Dollars ($50,000.00) if, during the twelve (12) month period immediately preceding such anniversary, First Bank earns between $280,000 and $349,999 of gross commissions and fees from the provision of brokerage and investment services (other than sales of fixed annuities through PFIC and credit life and accident & health insurance) to its customers during such year, or (c) Seventy-Five Thousand and No/100 Dollars ($75,000.00) if, during the twelve (12) month period immediately preceding such anniversary, First Bank earns $350,000 or more of gross commissions and fees from the provision of brokerage and investment services (other than sales of fixed annuities through PFIC and credit life and accident & health insurance) to its customers during such year (each such yearly payment pursuant to this Section 2(B) shall be hereinafter referred to as the “Yearly Commission Fee”); provided ,  however , that if, during the first year or the second year of the Term, First Bank earns more than $350,000 of gross commissions and fees from the provision of such brokerage and investment services to its customers, then the Yearly Commission Fee for any such year will be increased by an amount equal to the product obtained by multiplying $75,000 by a fraction, the numerator of which shall be the actual amount of such gross commissions and fees, and the denominator of which shall be $350,000.

          (C)        Except as set forth in Section 4 hereof, in no event shall any fees required to be paid at the end of any period be prorated if this Agreement is terminated prior to the end of such period. Notwithstanding anything to the contrary in this Section 2 or otherwise, in no event shall the amount of all fees and commissions paid by the Company to Keen under this Agreement exceed Three Hundred Thousand and No/100 Dollars ($300,000.00) in the aggregate.

          3.         Termination . Subject to the respective continuing obligations of the parties hereto, including, without limitation, those set forth in Subsections 5(A), 5(B), 5(C) and 5(D) hereof, this Agreement may be terminated prior to the expiration of the Term as follows:

          (A)        The Company, by providing a Notice of Termination (as hereinafter defined) to Keen, may terminate this Agreement immediately if Keen’s employment with the Company is terminated for cause. For purposes of this Subsection 3(A), “cause” shall exist (i) if Keen is convicted of (from which no appeal may be taken), or pleads guilty to, any act of fraud, misappropriation or embezzlement, or any felony, (ii) if, in the determination of the Board of Directors (the “Board”) or the Chief Executive Officer of the Company, Keen has engaged in gross or willful misconduct materially damaging to the business of the Company (it being understood, however, that neither conduct pursuant to Keen’s exercise of his good faith business judgment nor unintentional physical damage to any property of the Company by Keen shall be a ground for such a determination by the Board), (iii) if Keen at any time fails to maintain any sponsorship requirement of Raymond James, or (iv) if Keen has failed, without reasonable cause, to follow written instructions of the Board or the Chief Executive Officer of the Company consistent with Keen’s position as Brokerage Services Manager of the Company and, after written notice from the Company of such failure, Keen at any time thereafter again so fails.

          (B)        Keen, by providing a Notice of Termination to the Company, may terminate this Agreement immediately upon a Change of Control. For purposes of this Subsection 3(B), a “Change of Control” shall mean any of the following events:

          (C)        Keen, by providing a Notice of Termination to the Company at least thirty (30) days prior to the Date of Termination (as hereinafter defined) specified therein, may terminate this Agreement for any reason other than as a result of a Change of Control.

          (D)        The Company, by providing a Notice of Termination to Keen at least thirty (30) days prior to the Date of Termination specified therein, may terminate this Agreement for any reason or for no reason.

          (E)        This Agreement shall terminate upon the Keen’s death or disability. For purposes of this Agreement, “disability” shall be defined as Keen’s inability by reason of illness or other physical or mental incapacity to perform the duties required by his employment with the Company for any consecutive one hundred eighty (180) day period.

          (F)      This Agreement will terminate immediately upon Executive receiving an aggregate of Three Hundred Thousand and No/100 Dollars ($300,000.00) pursuant hereto.

Upon a termination of this Agreement as provided herein, the terms of this Agreement shall be of no further force or effect; provided , however , that the terms of Subsections 5(A) through 5(E) hereof shall survive any termination or expiration of this Agreement as set forth therein.

          4.         Fees Upon Termination . In the event of the termination of this Agreement pursuant to Subsections 3(A) through 3(E) hereof, commission fees shall continue to be paid by the Company to Keen as follows:

          (A)        In the event of a termination pursuant to Subsection 3(A) or Subsection 3(C) hereof, all commission fees provided for herein shall be paid as provided in Section 2 hereof through and including the Date of Termination specified in the Notice of Termination; provided , however , that if the event of termination pursuant to Subsection 3(A) or Subsection 3(C) hereof occurs within twelve (12) months after the Effective Date, then Keen shall pay to the Company on the Date of Termination specified in the Notice of Termination cash in the amount of Seventy-Five Thousand and No/100 Dollars ($75,000) multiplied by a fraction, the numerator of which shall be the number of full calendar months remaining during the first year of the Term, and the denominator of which shall be 12.

          (B)        In the event of a termination pursuant to Subsection 3(B) or Subsection 3(D) hereof, all commission fees provided for herein shall be paid as provided in Section 2 hereof through the Date of Termination specified in the Notice of Termination. In addition, if such termination is a termination pursuant to Subsection 3(B) hereof, the Company may elect, at its sole option and in its sole discretion, to pay Keen all commissions and fees set forth in Section 2 hereof for the entire Term that remain unpaid (not to exceed the limitation set forth in Section 2(C) hereof) on the Date of Termination specified in the Notice of Termination; provided , however , that if the Company does not make such payments upon such a termination, then Keen shall not be prohibited by the terms of Section 5(D)(iii) hereof from soliciting the Brokerage Business (as hereinafter defined) of any customer of the Company or any of its subsidiaries for which Keen provided brokerage and investment services prior to the Effective Date.

          (C)        In the event of a termination pursuant to Subsection 3(E) hereof, commission fees provided for herein shall be paid as provided in Section 2 hereof (i) in the event of Keen’s death, through the date of death, or (ii) in the event of Keen’s disability, through the Date of Termination specified in the Notice of Termination.

          5.         Restrictive Covenants .

          (A)        Keen acknowledges that (i) the Company has separately bargained and paid additional consideration for the restrictive covenants set forth herein; and (ii) the Company will provide benefits to Keen hereunder in reliance upon such covenants in view of the unique and essential nature of the services Keen will perform on behalf of the Company and the irreparable injury that would befall the Company should Keen breach such covenants.

          (B)      Keen further acknowledges that his position with the Company will place him in a position of confidence and trust with employees of the Company and its subsidiaries and affiliates and with the Company’s other constituencies and will allow him access to confidential information concerning the Company and its subsidiaries and affiliates.

          (C)        Keen further acknowledges that the type and periods of restrictions imposed by the covenants in this Section 5 are fair and reasonable and that such restrictions will not prevent Keen from earning a livelihood.

          (D)        Having acknowledged the foregoing, Keen covenants and agrees with the Company as follows:

          (E)        Keen acknowledges that irreparable loss and injury would result to the Company upon the breach of any of the covenants contained in this Section 5 and that damages arising out of such breach would be difficult to ascertain. Keen hereby agrees that, in addition to all other remedies provided at law or in equity, the Company may petition and obtain from a court of law or equity, without the necessity of proving actual damages and without posting bond or other security, both temporary and permanent injunctive relief to prevent a breach by Keen of any covenant contained in this Section 5, and shall be entitled to an equitable accounting of all earnings, profits and other benefits arising out of any such breach. In the event that the provisions of this Section 5 should ever be deemed to exceed the time, geographic or any other limitations permitted by applicable law, such provisions shall be deemed reformed to the maximum extent permitted thereby.

          6.         Notice of Termination and Date of Termination . Any termination of this Agreement pursuant to Section 3 hereof, except in the circumstances of Keen’s death, shall be communicated by written “Notice of Termination” by the terminating party to the other party hereto. Any “Notice of Termination” pursuant to Subsection 3(A) or Subsection 3(B) hereof shall indicate the specific provisions of this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for such termination. For purposes of this Agreement, “Date of Termination” shall mean the date specified in the Notice of Termination; provided ,  however , that if this Agreement is terminated because of Keen’s disability, then the Date of Termination shall mean thirty (30) days after Notice of Termination is given (unless Keen shall have resumed his duties on a full-time basis during such thirty (30) day period).

          7.         Payments After Death . Should Keen die after termination of this Agreement while any amounts are payable to him hereunder, this Agreement shall inure to the benefit of and be enforceable by Keen’s executors, administrators, heirs, distributees, devisees and legatees, and all amounts payable hereunder shall be paid in accordance with the terms of this Agreement to Keen’s devisee, legatee or other designee or, if there is no such designee, to his estate.

          8.         Legal Expenses . If any legal action, proceeding in arbitration or other proceeding is brought for the enforcement of this Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses incurred in that action or proceeding, even if not taxable as court costs, plus in each case interest at the “Applicable Federal Rate” (as such term is defined in

Section 1274(d) of the Internal Revenue Code of 1986, as amended), in addition to any other relief to which such party or parties may be entitled.

          9.         Notices . For purposes of this Agreement, notices and all other communications provided for herein shall be in writing and shall be deemed to have been given when delivered or mailed by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows:

or to such address as either party hereto furnishes to the other party in writing in accordance herewith, except that notices of change of address shall be effective only upon receipt.

          10.        Governing Law . The validity, interpretation, and performance of this Agreement shall be governed by the laws of the State of Georgia, without giving effect to the conflicts of laws principles thereof.

          11.        Binding Effect . This Agreement shall be binding upon and inure to the benefit of the parties hereto and upon their respective heirs, personal representatives, administrators, successors and assigns, as the case may be.

          12.        Modification . No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by Keen and the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of dissimilar provisions or conditions at the same or any prior subsequent time.

          13.        Severability . Any provision hereof which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by law, the parties hereto waive any provision of law which renders any such provision prohibited or unenforceable in any respect. In the event that any provision of this Agreement should ever be deemed to exceed the time, geographic, product or service or any other limitations permitted by applicable law, then such provision shall be deemed reformed to the maximum extent permitted by applicable law.

          14.        Counterparts . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Executed counterparts may be delivered via facsimile transmission.

          15.        Assignment . This Agreement is personal in nature and neither party hereto shall, without consent of the other, assign or transfer this Agreement or any rights or obligations hereunder except as provided in Section 7 above. Without limiting the foregoing, Keen’s right to receive commission fees hereunder shall not be assignable or transferable, whether by pledge, creation of a security interest or otherwise, other than a transfer by his will or by the laws of descent or distribution as set forth in Section 7 hereof, and in the event of any attempted assignment or transfer contrary to this Section 15, the Company shall have no liability to pay any amounts so attempted to be assigned or transferred.

          16.        Rights of Keen; No Right to Continued Employment . The rights accruing to Keen hereunder shall be solely those of an unsecured creditor of the Company. This Agreement shall not be deemed to create a contract of employment between the Company or any of its subsidiaries and Keen and shall create no right in Keen to continue in the Company’s employ for any specific period of time, or to create any other rights in Keen or obligations on the part of the Company, except as set forth in this Agreement. Keen understands and agrees that he is and will remain strictly an employee “at will” of the Company.

          17.        Entire Agreement . This Agreement constitutes the entire agreement between the parties hereto and supersedes all prior agreements, if any, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof.

          18.        Participation in Negotiations . EACH OF THE UNDERSIGNED PARTIES ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS PARTICIPATED IN THE NEGOTIATION OF AND CAREFULLY READ EACH OF THE TERMS AND PROVISIONS OF THIS COMMISSION AGREEMENT AND UNDERSTANDS ITS CONTENTS, AND THAT SUCH PARTY EXECUTED THIS COMMISSION AGREEMENT AS SUCH PARTY’S OWN FREE ACT AND DEED.

[Signatures Next Page]

          IN WITNESS WHEREOF , the Company has caused this Agreement to be executed and delivered by its duly authorized officer, and Keen has executed and delivered this Agreement, all as of the day and year first above written.

Reference : Security Exchange Commission - Edgar Database, EX-10.1 3 dex101.htm COMMISSION AGREEMENT , Viewed September 26, 2021, View Source on SEC .

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I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.

Forest is a general practice lawyer. He provides legal advice regarding small business law, contracts, estates and trusts, administrative law, corporate governance and compliance. Forest practiced complex commercial litigation in Florida for eight years, representing clients such as Host Marriott, Kellogg School of Business, and Toyota. Since moving to Nashville in 2005, he has provided legal advice to clients forming new businesses, planning for the future, and seeking funding through the use of equity and/or debt in their businesses. This advice has included the selection of business type, assistance in drafting and editing their business plans and offering material, reviewing proposed term sheets, and conducting due diligence. Forest is a member of the Florida, Tennessee, and Texas Bars; in addition. Forest has held a Series 7, General Securities Representative Exam, Series 24, General Securities Principal, and Series 63, Uniform Securities Agent State Law.

Experienced business and contract lawyer. Our firm specializes in commercial litigation and dispute resolution.

Founder and Managing partner of Emerald Law, PLLC, a business law firm specializing in contract drafting and corporate transactions. Kiel worked as in house counsel for a variety of companies before launching his own firm, and most recently served as the Chief Legal Officer for an international private equity firm.

I work with early stage startups (in Georgia and internationally) with their formation, contract, patent and investment needs.

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Mark A. Addington focuses his practice primarily on employment litigation, including contractual disputes, restrictive covenants (such as non-competition, non-solicitation, or confidential information restrictions), defense of wage and hour, harassment, retaliatory discharge, disability, age, religion, race, and sex discrimination.

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Higher Learning Commission

•  | 
• Policies  | 
• Section 2: Compliance With Federal Regulation  | 
• Assignment of Credits (FDCR.A.10.020)

Policy Title: Assignment of Credits, Program Length and Tuition

Number: fdcr.a.10.020.

An institution shall be able to equate its learning experiences with semester or quarter credit hours using practices common to institutions of higher education, to justify the lengths of its programs in comparison to similar programs found in accredited institutions of higher education, and to justify any program-specific tuition in terms of program costs, program length, and program objectives. Institutions shall notify HLC of any significant changes in the relationships among credits, program length, and tuition.

Assignment of Credit Hours . The institution’s assignment and award of credit hours shall conform to commonly accepted practices in higher education. Those institutions seeking, or participating in, Title IV federal financial aid, shall demonstrate that they have policies determining the credit hours awarded to courses and programs in keeping with commonly-accepted practices in higher education and with any federal definition of the credit hour, as may appear in federal regulations and that institutions also have procedures that result in an appropriate awarding of institutional credit in conformity with the policies established by the institution.

HLC Review. HLC shall review an institution’s compliance with this policy in conjunction with a comprehensive evaluation for Candidacy, Initial Accreditation or Reaffirmation of Accreditation during HLC’s assurance process. Institutions shall also produce evidence of compliance with this policy upon demand in accordance with HLC policy. HLC may sample or use other techniques to review selected institutional programs to ensure that it has reviewed the reliability and accuracy of the institution’s assignment of credit. HLC shall monitor, through its established monitoring processes, the resolution of any concerns related to an institution’s compliance with this policy as identified during that evaluation and shall require that an institution remedy any deficiency in this regard by a date certain but not to exceed two years from the date of the action identifying the deficiency.

HLC Action for Systemic Noncompliance. In addition to taking appropriate action related to the institution’s compliance with the Federal Compliance Requirements, HLC shall notify the Secretary of Education if, following any review process identified above or through any other mechanism, HLC finds systemic noncompliance with HLC’s policies in this section regarding the awarding of academic credit.

HLC shall understand systemic noncompliance to mean that an institution lacks policies to determine the appropriate awarding of academic credit or that there is an awarding by an institution of institutional credit across multiple programs or divisions or affecting significant numbers of students not in conformity with the policies established by the institution or with commonly accepted practices in higher education.

Policy History

Last Revised: November 2020 First Adopted: February 1996 Revision History: Adopted February 1996, effective September 1996; revised November 2011; revised and combined with policies 3.10, 3.10(a), 3.10b), and 3.10(c) June 2012; revised June 2019, effective September 1, 2019; revised November 2020 Notes: Former policy number 4.0(a). In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.”

The Higher Learning Commission word mark is a registered trademark owned by the Higher Learning Commission.

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Meaning of commission in English

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commission verb ( REQUEST WORK )

• A set of stamps has been commissioned in commemoration of Independence Day .
• They commissioned me to write a series of articles on language .
• He commissioned a report into the disaster .
• advertisement
• employment agency
• equality, diversity and inclusion
• reinstatement
• relocation expenses
• testimonial

commission verb ( MAKE OFFICER )

• buy someone out
• call someone up
• conscription
• demobilization
• draft dodger
• re-enlistment

commission noun ( GROUP )

• A commission has just been appointed to investigate fraud claims .
• Last week the commission published its long-awaited report on the problem of teenage pregnancies .
• A commission has been set up to look at racial tension in the area .
• The commission is due to report next week .
• cooperative
• establishment
• organization
• secret society
• semi-public
• sub-organization
• subcommission

commission noun ( PAYMENT )

• basic income
• disposable income
• in arrears idiom
• make an honest living idiom
• performance-related
• profit from something

You can also find related words, phrases, and synonyms in the topics:

commission noun ( WORK )

Commission noun ( crime ).

• abide by something
• adhere to something
• fall foul of something idiom
• go by the book
• hold someone to something
• infringement
• on the right/wrong side of the law idiom

commission noun ( MILITARY )

Commission | intermediate english, commission noun ( work request ), commission verb [t] ( work request ), commission | business english, examples of commission, collocations with commission.

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balancing act

a difficult situation in which someone has to try to give equal amounts of importance, time, attention, etc. to two or more different things at the same time

Alike and analogous (Talking about similarities, Part 1)

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• commission (REQUEST WORK)
• commission (MAKE OFFICER)
• commission (GROUP)
• commission (PAYMENT)
• commission (WORK)
• commission (CRIME)
• commission (MILITARY)
• commission (WORK REQUEST)
• out of commission
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Roles and Responsibilities in the Commissioning Process  

by the WBDG Commissioning Committee

• Introduction

Within This Page

• Structuring the Commissioning Team

The Commissioning Management Team

• Commissioning Project Management

Additional Resources

Building commissioning is a team effort that requires the involvement of numerous stakeholders in the process of delivering a successful building project. Individual roles, most of which, ideally, are assigned at the predesign phase, and continue from inception through occupancy. Designated team members are responsible for specific activities and documents during the various phases.

The project requirements are established and recorded in the Owner's Project Requirements (OPR) documents that are developed by the Owner and their team along with, in many cases, input from the CxP and possibly the design teams. The OPR includes the project intent, and requirements for systems, functionality, efficiency, quality, verification, and documentation. The necessary commissioning team knowledge, skills, and experience must be appropriate to meet the needs of a project's size, complexity, purpose, mission, and the Owner's risk management strategy.

The commissioning team always includes the Owner, who is ultimately responsible for initiating and approving project requirements developed with the project team, including the commissioning providers (CxP).

There are numerous ways to assemble and structure a commissioning team. For optimum project performance, a single entity should lead the Cx process from start to finish so that the overall process, principles, and objectives are consistent and functional. This CxP must be an objective advocate for the Owner, independent from other participants on the project. However, fulfilling the role and functions of the CxP will depend on the needs of each project, which are substantially driven by budget, scope, and level(s) of expertise needed.

If the CxP's firm has other project responsibilities, or is not under direct contract to the Owner, a conflict of interest may exist. Wherever this occurs, the CxP discloses, in writing, the nature of the conflict and the means by which the conflict shall be managed. Regardless of where the responsibility for building commissioning lies, it is important that CxPs maintain a position of impartiality regarding design and construction entities to assure there is no conflict of interest.

The commissioning team is an essential component of the project's success. Photo Credit: FTQ360

Structuring the Commissioning Team: Provider Role

Common approaches to structuring CxP roles include:

Independent Third Party CxP . An organization that has no other project responsibilities, ideally contracted directly to the Owner.

Owner's Staff Member . A qualified and experienced entity on the Owner's staff or in the organization.

A/E CxP . The USGBC LEED program, ASHRAE guidelines, and other references allow the CxP to be part of the design team for small projects (less than 10,000 and up to 20,000 SF). For larger projects the CxP may be part of the design firm, however he/she must not be a part of the actual design team for the project at hand. The CxP should be contracted directly by the Owner. If an Owner chooses to contract the CxP through the A/E team, the contract should clearly identify that the CxP reports directly to the Owner.

Construction Manager (CM) as CxP . This approach can be cost-effective and effective when the CM is independent of the contractor's team and has the needed technical experience. Many Owner groups use "not-at-risk" CMs who act as an Owner's agent to manage schedule, cost, and quality. In some cases, the CM may hire the CxP as a subcontractor, resulting in no additional contract management responsibility by the Owner. The CxP should be contracted directly by the Owner; however, if an Owner chooses to contract the CxP through the CM, the contract should clearly identify that the CxP reports directly to the Owner.

There are many participants in the commissioning process, particularly in large and complex projects, and each participant and organization must understand their role and responsibilities.

OWNER/OWNER'S REPRESENTATIVE

The building Owner's roles and responsibilities for the commissioning process start at the project inception. They include:

Initiating the process, setting the scope of the commissioning process, selecting and/or hiring the CxP, developing Owner's Project Requirements (OPR) for new construction or Current Facility Requirements (CFR) for existing buildings and systems.

Supporting and facilitating the commissioning process during design, construction and occupancy, reviewing and approving relevant documents and Cx milestones.

Ultimately the Owner decides whether an independent CxP should lead the process, and when to begin integrating commissioning into the project. Owners also make the final decision regarding the balance of budget and level of performance assurance, typically with input from the design consultants and the CxP.

The participation and process management by the project Owner is essential to the success of the commissioning process and the project. From detailing the project requirements in the Owner's Project Requirements (OPR), along with budgets and schedules, to selection of the CxP, the Owner's role also includes review and acceptance of the many commissioning documents during the project, plus acceptance of the commissioning report, and the resultant project performance. Situations can arise that may require adjustments or changes to the commissioning activities and the Owner will need to assess the risks associated with those changes and make the final decision on whether those changes are acceptable, particularly if they contradict the OPR. These risks are often understood by the CxP, but it is the Owner's ultimate responsibility to accept them.

Documents of particular importance to the Owner are the OPR, BOD, Commissioning Plans, and Commissioning Reports. This role may be executed by the true Owner or by an officially designated Owner's representative. Because of the importance of the Owner's function, it is essential that the designated representative be available and actively engaged in the project from design through completion to meet project requirements along with schedules and budgets.

Commissioning Provider

The CxP functions as the general manager of the commissioning process. This function should be selected early in the project before the onboarding of the designer and continue through design, construction field observation and testing, functional and performance testing, and building initial operation. Then, other than the Owner, the CxP is usually the only entity who participates during the entire project and thus provides continuity and technical guidance. Due to these factors, the CxP most effectively reports directly to the Owner on the project.

At the beginning of the project, the CxP assists the Owner in developing the OPR, reviews the BOD, reviews the design documents, assists in the development of commissioning specifications, and develops the initial Cx Plan.

During construction, the CxP, along with other members of the commissioning team, develops and updates the Cx Plan and system checklists, reviews contractor submittal packages pertinent to commissioned equipment and systems, conducts the commissioning scoping meetings and other meetings, audits (or reviews all depending on scope) information in the construction checklists through document reviews and field assessments, conducts site observations and witnesses contractor equipment verification and testing, produces and updates the issues and resolutions logs, creates and reviews the Systems Manual, and produces the commissioning reports. If training is included in the project scope, the CxP may prepare or review training curriculum and conduct or observe training.

Other Commissioning Team Members

Depending upon project requirements and Owner's process, many other entities participate in the project and commissioning process. Each of these commissioning team members has principal functions and often is responsible for the development and/or use of specific documents.

Each Cx team member has specific duties and functions for the activities and documents under their responsibility that can vary by project and phase. See page 4 Commissioning Documents: Process, Contents and Acceptance Documentation Matrix — Table A–1 , for examples of document responsibility for input, management, acceptance, and usage.

The following section lists the major participants along with duties and functions.

Architect The role of the project architect is to assist in the development of the OPR (or review if developed prior to their onboarding), participate in any revisions of the OPR, to lead development of the project basis of design (BOD), and to include the commissioning and system performance requirements in the design drawings and specifications, including the building enclosure. During the construction phase, the architect should respond to and manage the resolution of items relative to the project design. They will participate in the training program (if included as part of their scope) to provide valuable information on overall system design, equipment and material choices, and how these affect the building users and operators.

Engineer The role of the project engineer is similar to that of the architect. This includes assisting in the development (or review) of the OPR, participating in any of revisions of the OPR, participating in the development of the project BOD, and including the commissioning and system performance requirements in the design drawings and specifications. Because most of the systems being commissioned are designed by the engineer, it is important that the engineer be included in the commissioning team and process. This would include the development and/or review of commissioning checklists and acceptance of testing results. During the construction phase, the engineer should respond to and manage the resolution of items relating to the project engineering design. The engineer will participate in the training program (if included as part of their scope) to provide valuable information on overall system design, equipment and material choices, and how these affect the building users and operators.

Contractor/Construction Manager The role of the project contractor or construction manager is to execute the construction process. The contractor is responsible for providing, installing, and testing all the materials and equipment in the building, including management of the verification and testing of the building elements being commissioned, and scheduling of testing. The contractor needs to manage their functions in the commissioning process and work closely with the CxP to document the performance of the commissioned systems.

Subcontractors and Installers The role of subcontractors and installers is similar to that of the general contractor, but it is limited to one trade or system such as building controls. The subcontractor supplies the documentation for installation to the Design Team and CxP. They then assist the CxP to develop the installation, functional, and performance checklists. After installation, the subcontractor coordinates with the general contractor and CxP to schedule and conduct the required testing, including testing of integrated systems performance. All available installation, operations and maintenance documentation is sent to the general contractor to include in the Systems Manual. Completed checklists are sent to the CxP to include in the commissioning report. Operator and building user training on these systems, is provided by the subcontractor or manufacturer as required and observed by the CxP.

Manufacturers and Suppliers The roles of the manufacturers and suppliers are simpler than that of the subcontractor. The equipment documentation usually originates with the manufacturer. This information includes, as appropriate, the instructions for installation, testing, operations, and maintenance. The manufacturer submits this information to the Design Team and CxP through the subcontractor and general contractor. On some complex equipment such as chillers and control systems, the manufacturer participates in the start-up and testing of the system and training.

LEED® or Program Administrator The role of Leadership in Energy and Environmental Design (LEED®) and other building rating systems or sustainability program administrators is unique in that it involves the coordination of the program with the commissioning process. Commissioning may be mandatory or optional, and the requirements of commissioning vary within each program. The administrator's function is to ensure that qualified individuals perform the commissioning tasks; the equipment and systems comply with the program requirements; and the documents meet program requirements.

Commissioning scope, process, and responsibilities must be clearly defined and communicated from the OPR through the commissioning plan and construction documents. The scope addresses the equipment to be commissioned, which can vary depending on the project and programs. For example, building rating system compliance and other project requirements define the goals for energy and water consuming equipment; utility incentive programs are typically equipment-specific and must be clearly identified, depending on what has been funded; pharmaceutical facilities must comply with the U.S. Food and Drug Administration (FDA); laboratories , data centers , healthcare and other critical facilities must have their commissioning requirements clearly addressed in the commissioning scope. This scope must be included in the project OPR and project documents updated throughout the project, and carefully managed by the Owner's team and the CxP.

The commissioning process and plan should include regular meetings, program compliance, and reporting requirements, establishing and maintaining lines of communication with the building Owner, design team, contractor, and other team members. This process includes documentation and enforcement of specification and contractual provisions, identifying specialized tests, and creating schedules for commissioning activities and detailing required reports. Commissioning team members assignments and responsibilities must be included in the commissioning plans and the construction documents. The success of the commissioning process and to a large extent the project depends upon meeting these plans, specifications, and requirements.

Establish Commissioning Budgets

Commissioning costs can range widely and are dependent upon many factors including a building's size, location, function, complexity, and whether the project consists of building operations, renovation, modernization, or new construction and the scope for commissioning services and teams.

Key factors that can have a direct impact in developing a commissioning budget include:

• When the commissioning process starts (during design, construction, post-construction, or operation)
• The type, number and complexity of systems to be commissioned.
• The level of detail required during the commissioning process (does it include documenting and witnessing all equipment start-up, verification tests, spot-checking the balancing report, etc., or sampling strategies?)
• Deliverables (Owner's Project Requirements or Current Facility Requirements documents, number and scope of design and project document reviews, Commissioning Plans, project systems checklists, issues and resolutions logs, Systems (O&M) Manual review, field observation reports, final reports, ongoing commissioning plans, etc.)
• Construction contractual delivery mechanism (design-bid-build, design-build, integrated project delivery, construction-manager-at-risk, plan and spec, retrofit, public-private partnership, etc.)

See the Additional Commissioning Resources page for more information.

WBDG Participating Agencies

National Institute of Building Sciences Innovative Solutions for the Built Environment 1090 Vermont Avenue, NW, Suite 700 | Washington, DC 20005-4950 | (202) 289-7800 © 2024 National Institute of Building Sciences. All rights reserved. Disclaimer

Absolute Assignment

What does absolute assignment mean.

Absolute assignment refers to a policyholder transferring his or her ownership of a policy to another party. That transfer means that all of the coverage within that policy will now go to the newly named party. The original owner of the policy does not have to state his or her reasons for doing so nor does he or she need to stipulate any conditions for the transfer.

Insuranceopedia Explains Absolute Assignment

There are a number of reasons why a policyholder transfers all of their rights to a policy to another person or entity. They might think of it as a gift to someone else. It could be the sole means of paying off a loan. Even if the insured has now given up their rights to all of the claims and privileges, they are still responsible for payments for the policy. The new owner might have been asked by the original owner to pay the insurer after the transfer is completed, but if the newly named party fails to do so, the negligence will not be blamed on that person but on the original policyholder.

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What is an Assignment (content commissioning)

Glossary > Assignment

💬 Definition of Assignment (content commissioning):

Related Questions about Assignment (content commissioning)

How do you become a commissioned writer, what does it mean to assign a manuscript, what is a commissioning editor, how much should you charge for an assigned piece.

There are two main ways to become a commissioned writer. Either you have an idea that you propose to a publishing house, and they buy into it, asking you to write it, or an editor approaches you to write a piece on a given subject for a fee. The latter is more common.

This means that a publishing house devises the layout of a manuscript and assigns it to a writer. That being said, gone are the days when the editorial department sat around waiting for a manuscript. Business needs are met by devising book projects and having a go-getter attitude. Book ideas can spring from many places: authors, book events attended by publishers, discussions with authors (published or prospective), a trend, or an internal need. Publishing houses assign manuscript ideas to a writer to succeed in taking a book idea and turning it into a marketable product.

A commissioning editor is responsible for creating the publisher’s book list. It is also the person that identifies potential writers to develop content fitting for specific themes or subjects in demand. They are responsible for negotiating contracts with agents or direct authors, monitoring the assignment’s progress to publication, and working with the editorial, marketing, and production departments. 

Commissioning editors need to be on top of the marketing trends, understand book market profitability, and be active contributors to the annual publishing plan. 

Since all end figures are subject to private discussions between publisher and author, this is just  a market estimate of the fees for 2023. It also depends on the niche and the topic required, but freelance writers are reportedly invoicing between $250 - $400 for a 1500-word article, and many ask between $1000 - $3000 for a white paper.

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How To Commission Artwork: The Beginner’s Guide

Learning how to bring artwork to life is an art in itself. While having a vision for your artwork is a great starting point, understanding the right steps to commission artwork is key to getting the result you want.  

In this beginner’s guide, we’ll show you how to commission artwork, step by step, so you can give your artistic and creative visions shape and form and see them become masterpieces in reality.

What is meant by ‘commissioned artwork’? 

Commissioned artwork is the age-old practice of hiring artists to produce or create artwork. Basically an artist is hired by a ‘commissioner’ to create a customized work of art. ‘Commissioners’ can be wealthy individuals, businesses or the government. 

Note that ‘commissioning’ artwork is not the same as buying an original, pre-made painting by an artist. It’s not even the same as buying limited prints or collection works by an artist. Commissioning art means starting the artistic process from scratch, and involves producing a customized, one of a kind piece of art. 

Historically, members of the upper class commissioned artwork to well-known artists like Leonardo Da Vinci or Michaelangelo to display their wealth, express their opinion on religious matters, and even immortalize themselves through portraits. 

These days, however, commissioning artwork is no longer restricted to the upper class and is open to a much larger audience. Anyone with a reasonable budget, and a vision for a piece of art can commission artwork. It’s just like hiring any professional for a customized assignment. 

How do you commission artwork?

The process of commissioning artwork can be explained as follows: 

1. Have an artistic vision

Think about what you want the art piece to be like. You need to decide what the subject matter and style of the piece will be, as well as what material you’d like to use to create the artwork, and then form an artistic vision based on this. Whether its a subject matter like a portrait of a person, a graffiti-style mural featuring your favourite sports hero , or an abstract interpretation of nature , it helps to know what what you want and if there are specific styles you gravitate to, whether its abstract, figurative, or geometric.

2. Find an artist

Once you have an artistic vision for your art project, it’s time to search for an artist. You can find one using our website where you’ll be able to browse our library of local artists by location or art style. Go through the artist’s profile and portfolio to get a sense of their art style. Read reviews from past customers, and then make an informed decision on which artist to move forward with.

Alternatively, you can find an artist by searching on Google and browsing the individual websites of artists who are accepting commissioned artwork. If you prefer to get some mileage under your belt, you can also find an artist by searching for them by visiting art galleries, browsing art shows and shortlisting the ones you like. This approach can be more time consuming than the others since it requires your physical presence at art galleries, and not all artists will be available for commissions. 

3. Establish the details of the art project

Once you’ve found an artist to work with, you need to clearly establish the details of the project. You need to answer critically important questions like: (a) By when do you want the artwork completed? (b) What material do you want the artist to use for the artwork? (c) What price will you be paying to the artist to complete the project? (d) What is the size of the artwork? (e) What location will the artwork be displayed and where would it need to be delivered to? 

4. Set up a contract

In order to finally book the artist, you need to have a contract in place with them. The contract should include the price, the expenses involved, the payment terms, the project timeline, the approval process, details regarding copyrights as well as the rights of both the commissioner and the artist should something go wrong. You can use a professional contract template from a legitimate legal source to put everything on paper professionally or use our easy invoicing template.

5. Book the artist by paying a deposit

Once you’ve finalized the contract details, it’s time to book the artist. On our website, you can book the artist straight on the platform. Once you’ve signed the contract, it is standard procedure to pay the deposit upfront before any designs are created by the artist. Paying the deposit officially books the artist. Book An Artist Pay is our innovative escrow-style payment process that ensures financial commitment and protection for both customer and artist. Once a deposit is paid, get the creative communication flowing by regularly communicating with the artist at all stages of the art project, from inception to completion.

6. Review the artwork

Once the artwork is completed by the artist, let your artist now how much you appreciate their art! Nowadays, showing your commissioned artwork on social media is a great way to give the artist credit for their artwork. It also helps the artist to leave public reviews so that other potential customers can read about your experience with the artist. You can do this via our online platform by leaving a review that gets displayed on the artist’s profile page. Or you can give them a review along with the permission to display it on their website. 

How do you find an artist open for commissions?

While some artists may be accepting commissions, others may not be open to it. So as a commissioner of art, you need to find artists who’re open to commissions, with ‘commissions’ referring to requests for producing artwork. 

You could use Instagram and search for artists accepting commissions by having a look at the description on their profile. They’ll usually mention something along the lines of ‘accepting commissions’ or ‘get customized artwork made’ to make themselves available for work. 

There are also online platforms that are designed to connect commissioners and artists. Marketplaces like Etsy , Fiverr and Upwork have specific sections for art commissions, Book An Artist is dedicated to commissions, and all artists on the platform are open for commissions. Alternatively, you could also visit art galleries or approach illustration and photography agencies to help you find the right artists who’re open to commissions. 

Whichever method you choose, it’s important you like the style of the artist you’re picking. Ideally their artistic style should match your vision, as no artist will completely adapt their style to your request. This alignment between their style and your vision is a must.

How much does it cost to commission art?

Some artists make their pricing really clear on their website or via social media. With others you’ll have to approach them directly via email or phone to get an idea about their pricing. 

The cost to commission artwork depends on the value of the art being produced. And the value of art is always a subjective topic. Apart from the value of the art, the final price will vary depending on the cost of materials used, usage rights of the artwork, size of the work, the time required to produce the work, the level of detail and complexity involved, and the level of experience of the artist among other factors. 

What’s interesting is that the global art market was valued at USD 65.1 billion in 2021 , and online art sales accounted for a fifth of this value. Clearly, the value of art produced worldwide is massive, and the pricing of art is a very subjective topic. 

In general, the more usage rights you want for a piece of art, and the more complex the artwork is, the more expensive it will be. That’s why it’s always best to discuss the price of the artwork with the artist producing the work so there’s clarity on the costs involved. 

Does location matter?

When commissioning artwork, location is hardly of any consequence these days as long as you’re willing to bear the cost of transporting the artwork. You could be in Australia and commission artwork to an American artist, or vice versa. The only thing is that you will have to pay taxes, customs charges, and import duty, all of which will raise the price of the commission.

When it comes to murals, location can be a major factor, as you’ll need the artist to be able to physically be on-site to complete the mural artwork. Our platform is designed to help you connect with artists near your location, giving you the option to play a key role in supporting your local artists, while avoiding expensive taxes, duties, travel costs and other related charges. 

What happens once the artwork is commissioned?

After the artwork is commissioned and you’ve paid the artist their initial deposit fee as per their payment terms, the artist will create sketches of designs and prepare several options for you to choose from. 

You’d then provide your feedback on these drafts, so the artist can make amendments as per your choice. Both of you would play an important role in finalizing the piece of art, and the artwork might go through a series of revisions. Once the artwork is finalized, you’d have to make the final payment to the artist as agreed so necessary materials to complete the artwork can be purchased. 

Wrapping it up

Hopefully this article gave you more clarity on the process of commissioning art. It’s really not that complicated when you think about it! The most important thing is crystal clear communication throughout the process between you, the commissioner and the artist.

Ready to commission an artist using Book An Artist? We break it down for you here .

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absolute assignment

• A type of assignment where all rights and benefits related to a property or agreement are fully transferred, resulting in the original owner having no remaining stake or claim
• The life insurance policyholder decided to opt for an absolute assignment, effectively transferring all his benefits to his children.
• After the absolute assignment of the patent rights, the inventor no longer had any interest in the patent.
• By executing an absolute assignment, the tenant transferred all his rights and obligations of the lease to the new renter.
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Definition of 'commission'

Video: pronunciation of commission

commission in British English

Commission in american english, commission in finance, commission in insurance, commission in retail, commission in accounting, examples of 'commission' in a sentence commission, cobuild collocations commission, trends of commission.

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• commissariat
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• in commission
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Synonyms of assignment

• as in lesson
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Thesaurus Definition of assignment

Synonyms & Similar Words

• responsibility
• undertaking
• requirement
• designation
• appointment
• authorization
• installment
• installation
• destination
• emplacement
• investiture
• singling (out)

Antonyms & Near Antonyms

• dethronement

Synonym Chooser

How does the noun assignment contrast with its synonyms?

Some common synonyms of assignment are chore , duty , job , stint , and task . While all these words mean "a piece of work to be done," assignment implies a definite limited task assigned by one in authority.

When is it sensible to use chore instead of assignment ?

While the synonyms chore and assignment are close in meaning, chore implies a minor routine activity necessary for maintaining a household or farm.

When is duty a more appropriate choice than assignment ?

Although the words duty and assignment have much in common, duty implies an obligation to perform or responsibility for performance.

When might job be a better fit than assignment ?

The synonyms job and assignment are sometimes interchangeable, but job applies to a piece of work voluntarily performed; it may sometimes suggest difficulty or importance.

When could stint be used to replace assignment ?

In some situations, the words stint and assignment are roughly equivalent. However, stint implies a carefully allotted or measured quantity of assigned work or service.

When can task be used instead of assignment ?

The meanings of task and assignment largely overlap; however, task implies work imposed by a person in authority or an employer or by circumstance.

Thesaurus Entries Near assignment

assignments

Cite this Entry

“Assignment.” Merriam-Webster.com Thesaurus , Merriam-Webster, https://www.merriam-webster.com/thesaurus/assignment. Accessed 16 Apr. 2024.

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Nglish: Translation of assignment for Spanish Speakers

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