Common use of Brokerage Commission Clause in Contracts

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller shall be solely responsible for the payment of any commission to Broker pursuant to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insurance.

Brokerage Commission. Seller Landlord and Purchaser represent Tenant each to represents and warrants for the benefit of the other that each it has had no dealings with any real estate broker, agent or finder or other party concerning in connection with the purchase Premises and/or the negotiation of the Property this Lease, except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller shall be solely responsible for the payment Broker(s) (as set forth on Page 1), and that it knows of any commission to Broker pursuant no other real estate broker, agent or finder who is or might be entitled to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a real estate brokerage commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any Lease or otherwise based upon contacts between the claimant and Tenant. Each party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to shall indemnify Seller and hold Seller harmless the other from and against any loss, liability, damage, cost and all liabilities or expense (including, without limitation, reasonable attorneys' fees) expenses arising out of claims made for a fee or paid commission by any real estate broker, agent or incurred by Seller by reason finder in connection with the Premises and this Lease other than Broker(s), if any, resulting from the actions of any claim to any broker's, the indemnifying party. Any real estate brokerage commission or finder's or other fee payable to the Broker(s) in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything Lease shall only be payable and applicable to the contrary contained hereinextent of the initial Term of the Lease and to the extent of the Premises as same exist as of the date on which Tenant executes this Lease. Unless expressly agreed to in writing by Landlord and Broker(s), no real estate brokerage commission or finder's fee shall be owed to, or otherwise payable to, the indemnities and Broker(s) for any renewals or other provisions set forth in this Article XI shall survive extensions of the Closing or termination initial Term of this Contract. Purchaser hereby acknowledges that at Lease or for any additional space leased by Tenant other than the time Premises as same exists as of the execution date on which Tenant executes this Lease. Tenant further represents and warrants to Landlord that Tenant will not receive (i) any portion of any brokerage commission or finder's fee payable to the Broker(s) in connection with this Contract, Purchaser is advised by Lease or (ii) any other form of compensation or incentive from the Broker(s) with respect to this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceLease.

Brokerage Commission. Buyer acknowledges that Seller and Purchaser represent each to the other has entered into that each has had no dealings certain Commission Agreement with any broker, finder or other party concerning the purchase Xxxxx Xxxx LaSalle of the Property except Xxxxxxx Commercial ManagementPennsylvania, Inc. ( (“JLL”) dated June 22, 2009, a true, correct and complete copy of which is attached as Schedule 6.3 hereto (the "Broker"“JLL Agreement”). Seller has paid all amounts which were due and required to be paid prior to the date of Closing under the JLL Agreement (being $1,161,166.34). Buyer shall be solely responsible for assume all of the payment “Owner’s” obligations under the JLL Agreement from and after the date of Closing, including the obligation to pay any commission to Broker pursuant to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a commission or any other amount with respect to this Contract or which may come due under the Property is expressly conditioned upon Closing the sale “Renewals” section of the Property JLL Agreement. In furtherance thereof, Buyer will execute an assumption document at Closing in favor of Seller and JLL, in form and substance reasonably acceptable to Seller's receipt , Buyer and JLL and satisfying the provisions of Section 2.0(vii) of the Purchase Price JLL Agreement. Buyer will cooperate with Seller and use commercially reasonable efforts to obtain from JLL a written release of Seller under this Contractthe JLL Agreement, at no expense to Buyer. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any lossBuyer will indemnify, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to indemnify Seller defend and hold Seller harmless from and against any losscommissions or payments due under the JLL Agreement from and after Closing. Seller will indemnify, liability, damage, cost defend and hold Buyer harmless from and against any commissions or expense payments (including, without limitation, reasonable attorneys' feesa) arising out due and required to be paid prior to the date of Closing under the JLL Agreement or (b) due and required to be paid prior to or incurred by after the date of Closing under any other leasing brokerage agreement to which Seller by reason of any claim is a party (Seller representing that it is not a party to any broker's, finder's such other brokerage agreements); provided in each case Buyer does not pay such claimed commission or other fee in connection with this transaction by payment but rather notifies Seller of and allows Seller to defend against the same (Buyer acknowledging that Seller anticipates successfully defending any party claiming by, through or under Purchaser (excluding Brokersuch claims against the brokers). Notwithstanding anything The indemnity in the preceding sentence will not be subject to the contrary contained herein, the indemnities and other provisions dollar cap on damages or time limitation for bringing claims set forth in Sections 10.2 or 17.8 of this Article XI Agreement. For the avoidance of doubt, the indemnity set forth in clause (a) above does not cover or include any commissions or payments for extensions, renewals or expansions exercised after the date hereof. The provisions of this Section 6.3 shall survive Closing for the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insurancelongest period permissible under law.

Brokerage Commission. Seller agrees to pay a real estate commission to Lucescu Realty, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 (“Broker”) pursuant to the terms and conditions set forth in a separate, written commission agreement signed by Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller Such commission shall be solely responsible for the payment of any commission payable through Escrow at Closing, and it is a condition precedent to Broker pursuant to a separate written agreementSeller’s obligation therefor that Closing occurs. Seller represents and warrants to Purchaser Buyer that Seller has not contracted with nor engaged any other real estate agent, broker or other person or entity to whom any real estate commission, finder’s fee or other amount is due or owing as a result of entry into this Agreement other than Broker's , and Seller hereby agrees to indemnify, defend and hold harmless Buyer and all of Buyer’s members, managers, principals and affiliates from any and all claims by any person claiming a right to receive a commission real estate commission, fee or any other amount based upon any promise, contract, agreement or arrangement entered into or made by Seller with respect to this Contract Agreement, the Property or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contracttransaction described herein. Seller Buyer represents and warrants to Purchaser Seller that Broker Buyer has not contracted with nor engaged any real estate agent, broker or other person or entity to whom any real estate commission, finder’s fee or other amount is due or owing as a result of entry into this Agreement, and Buyer agrees to and shall have no indemnify, defend and hold harmless Seller and all of Seller’s members, managers, principals and affiliates from any and all claims by any person claiming a right to receive this commission a real estate commission, fee or any other amount based upon any promise, contract, agreement or arrangement entered into or made by Buyer with respect to this Contract Agreement, the Property or the Property unless transaction described herein. The Parties agree their respective obligations expressed in and until arising under this Article will survive Closing and shall further survive and not be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction canceled by any party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceAgreement.

Brokerage Commission. Seller Landlord and Purchaser represent Tenant each to represents and warrants for the benefit of the other that each it has had no dealings with any real estate broker, agent or finder or other party concerning in connection with the purchase Premises and/or the negotiation of the Property this Lease, except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller shall be solely responsible for the payment Broker(s) (as set forth on Page 1), and that it knows of any commission to Broker pursuant no other real estate broker, agent or finder who is or might be entitled to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a real estate brokerage commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any Lease or otherwise based upon contacts between the claimant and Tenant. Each party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to shall indemnify Seller and hold Seller harmless the other from and against any loss, liability, damage, cost and all liabilities or expense (including, without limitation, reasonable attorneys' fees) expenses arising out of claims made for a fee or paid commission by any real estate broker, agent or incurred by Seller by reason finder in connection with the Premises and this Lease other than Broker(s), if any, resulting from the actions of any claim to any broker's, the indemnifying party. Any real estate brokerage commission or finder's or other fee payable to the Broker(s) in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything Lease shall only be payable and applicable to the contrary contained hereinextent of the initial term of the Lease and to the extent of the Premises as same exist as of the date on which Tenant executes this Lease. Unless expressly agreed to in writing by Landlord and Broker(s), no real estate brokerage commission or finder's fee shall be owed to, or otherwise payable to, the indemnities and Broker(s) for any renewals or other provisions set forth in this Article XI shall survive extensions of the Closing or termination initial Term of this Contract. Purchaser hereby acknowledges that at Lease or for any additional space leased by Tenant other than the time Premises as same exists as of the execution date on which Tenant executes this Lease. Tenant further represents and warrants to Landlord that Tenant will not receive (i) any portion of any brokerage commission or finder's fee payable to the Broker(s) in connection with this Contract, Purchaser is advised by Lease or (ii) any other form of compensation or incentive from the Broker(s) with respect to this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceLease.

Brokerage Commission. Seller and Purchaser each represent each to the other that each it has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the "Broker")Property. Seller shall be solely responsible for the payment hereby agrees to pay at Closing reimbursement of costs and expenses and other charges and amounts due to Insignia Capital Advisors, Inc., arising out of any commission to Broker pursuant to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and agreement executed by Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' feesfees and expenses) arising out of or paid or incurred by Purchaser by reason of any claim to any broker'sbrokers', finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, Broker)Seller. Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' feesfees and expenses) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker)Purchaser. Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this ContractClosing. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insurance.

Brokerage Commission. Seller Landlord and Purchaser represent Tenant each has engaged CB Xxxxxxx Xxxxx (“Broker”) as its broker in connection with this transaction. Landlord and Tenant each represents to the other that each (a) no broker or finder other than Broker has had no dealings been engaged by it or represents it in connection with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller shall be solely responsible for the payment of any commission to this Lease; (b) Broker has been engaged by it pursuant to a separate written agreementagreement between them; and (c) it has no knowledge of any broker or finder other than Broker in any way connected with this Lease. Seller represents and warrants to Purchaser that Broker's right to receive Landlord shall be responsible for a commission or any other amount with respect payable to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of this transaction, which commission shall be payable pursuant to the separate written agreement between them. In the event of any claim to or liability for any broker's, ’s or finder's ’s fee or other fee commission in connection with the negotiation, execution or consummation of this transaction Lease other than the commission payable by Landlord to Broker, then (a) Landlord shall indemnify, protect, save harmless and defend Tenant from and against any such claims or liabilities if they are based upon any statement or representation or agreement by Landlord; and (b) Tenant shall indemnify, protect, save harmless and defend Landlord from and against any such claims or liabilities if they are based upon any statement, representation or agreement made by Tenant. The foregoing notwithstanding, Landlord and Tenant agree that nothing in this Paragraph (or in any other provision of this Lease) creates or is intended to create in Broker (or in any other person or entity) any right as a third party claiming bybeneficiary of this Lease; specifically, through neither Broker nor any other person or under Seller entity has any right to cause (i) either Landlord or Tenant to sign or enter into this Lease; (ii) Tenant to exercise any option to extend the Term or to exercise any option to purchase the Building; (iii) either Landlord or Tenant to perform any obligation or exercise any right either may have pursuant to this Lease; or (iv) either Landlord or Tenant to forebear from exercising any right either may have pursuant to this Lease, including, without limitationbut not limited to, Broker). Purchaser agrees any right to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with terminate this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceLease.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the Insignia Mortgage and Investment Corporation ("Broker"). Seller shall be solely responsible for the payment of any commission hereby agrees to pay at Closing commissions due to Broker pursuant to a separate written agreement. arising out of an agreement executed by Seller represents and warrants Broker and provide to Purchaser a receipt signed by Broker confirming payment in full; provided, however, that Seller's obligation to pay, and Broker's right to receive a receive, this commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this ContractPrice. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and its officers, directors, trustees, shareholders, representatives and agents and hold Purchaser each of them harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' feesfees and expenses) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to indemnify and defend Seller and its general partner and their respective affiliates and their and their affiliates' officers, directors, employees, agents and representatives, and hold Seller each of them harmless from any and all loss, liability, damage, claim, cause of action, fine, fee, lien, cost or expense (including, without limitation, reasonable attorneys' feesfees and expenses ) arising out of or paid or incurred by Seller any of them by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser or its affiliates (excluding Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or and the termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceContract forever.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial ManagementInsignia Capital Advisors, Inc. ( (the "Seller's Broker") and Spiva/Hill Management Co. (the "Xxxxxaser's Broker"). Seller shall be solely responsible for the payment hereby agrees to pay at Closing (i) all costs, expenses and other amounts due to Seller's Broker arising out of any agreement executed by Seller, and (ii) a brokerage commission in the amount of $100,000 to Broker pursuant Purchaser's Broker; provided, however, that Seller's obligation to a separate written agreement. Seller represents pay, and warrants to Purchaser that Seller's Broker's and Purchaser's Broker's right to receive a commission or any receive, such costs, expenses, commissions and other amount amounts with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Neither Seller's Broker nor Purchaser's Broker shall have no any right to receive this commission any such costs, expenses, commissions or any other amount amounts with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, the Seller's Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees, but excluding the $100,000 brokerage commission to be paid by Seller to Purchaser's Broker hereunder) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding including, without limitation, the Purchaser's Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this ContractClosing. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insurance.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( the David Huddleston & Associates (thx "BrokerXxxxxx"). Seller shall be solely responsible for the payment of any commission Xxller hereby agrees to pay to Broker pursuant at Closing a commission equal to a separate written agreement. Seller represents 1.7% of the Purchase Price paid at Closing; provided, however, that Seller's obligation to pay, and warrants to Purchaser that Broker's right to receive a receive, this commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, the Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker)Purchaser. Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceclosing.

Brokerage Commission. Seller Landlord and Purchaser represent Tenant each to represents and -------------------- warrants for the benefit of the other that each it has had no dealings with any real estate broker, agent or finder or other party concerning in connection with the purchase Premises and/or the negotiation of the Property this Lease, except Xxxxxxx Commercial Management, Inc. ( the "Broker"). Seller shall be solely responsible for the payment Broker(s) (as set forth on Page 1), and that it knows of any commission to Broker pursuant no other real estate broker, agent or finder who is or might be entitled to a separate written agreement. Seller represents and warrants to Purchaser that Broker's right to receive a real estate brokerage commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any Lease or otherwise based upon contacts between the claimant and Tenant. Each party claiming by, through or under Seller (including, without limitation, Broker). Purchaser agrees to shall indemnify Seller and hold Seller harmless the other from and against any loss, liability, damage, cost and all liabilities or expense (including, without limitation, reasonable attorneys' fees) expenses arising out of claims made for a fee or paid commission by any real estate broker, agent or incurred by Seller by reason finder in connection with the Premises and this Lease other than Broker(s), if any, resulting from the actions of any claim to any broker's, the indemnifying party. Any real estate brokerage commission or finder's or other fee payable to the Broker(s) in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything Lease shall only be payable and applicable to the contrary contained hereinextent of the initial term of the Lease and to the extent of the Premises as same exist as of the date on which Tenant executes this Lease. Unless expressly agreed to in writing by Landlord and Broker(s), no real estate brokerage commission or finder's fee shall be owed to, or otherwise payable to, the indemnities and Broker(s) for any renewals or other provisions set forth in this Article XI shall survive extensions of the Closing or termination initial term of this Contract. Purchaser hereby acknowledges that at Lease or for any additional space leased by Tenant other than the time Premises as same exist as of the execution date on which Tenant executes this Lease. All brokerage commissions payable to the Brokers in connection with the initial term of this Contract, Purchaser is advised Lease shall be paid by this writing that Purchaser should have an abstract covering Landlord pursuant to a separate agreement between Landlord and the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceBrokers.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial ManagementInsignia Retail Group, Inc. ( (the "Broker"). Seller shall be solely responsible for the payment hereby agrees to pay at Closing commissions due to Broker arising out of any commission agreement executed by Seller; provided, however, that Seller's obligation to Broker pursuant to a separate written agreement. Seller represents pay, and warrants to Purchaser that Broker's right to receive a receive, this commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price has been paid as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' attorneys fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's , or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, the Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' attorneys fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's , or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker)Purchaser. Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceClosing.

Brokerage Commission. Seller 27.1 The Landlord and Purchaser the Tenant represent to each to the other that each has had no dealings the only brokers with any brokerwhich they have dealt in connection with this Lease are Mxxxxx Sxxxxxx Realty, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial ManagementIncorporated (“Mxxxxx”}, having an office at 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and Cxxxxxx & Wxxxxxxxx, Inc. ( (“C&W”), having an office at 1000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000. The Tenant shall indemnify and save harmless the "Broker"). Seller shall be solely responsible for the payment of any commission to Broker pursuant to a separate written agreement. Seller represents Landlord Indemnitees from and warrants to Purchaser that Broker's right to receive a commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, against all liability, damageclaims, cost or expense suits, demands, judgments, costs, interest and expenses (including, without limitation, reasonable attorneys' feescounsel fees and disbursements incurred in the defense thereof) arising out of to which the Landlord Indemnitees may be subject or paid or incurred by Purchaser suffer by reason of any claim to made by any broker'sperson, finder's firm or corporation other than C&W for any commission, expense or other fee in connection with compensation as a result of the execution and delivery of this transaction Lease or the demising of the Premises by the Landlord to the Tenant pursuant to this Lease, which claim is alleged to arise out of any party claiming byconversations, through negotiations or under Seller (including, without limitation, Broker)dealings between such claimant and the Tenant. Purchaser agrees to The Landlord shall indemnify Seller and hold Seller save harmless the Tenant Indemnitees from any loss, and against all liability, damageclaims, cost or expense suits, demands, judgments, costs, interest and expenses (including, without limitation, reasonable attorneys' feescounsel fees and disbursements incurred in the defense thereof) arising out of to which the Tenant Indemnitees may be subject or paid or incurred by Seller suffer by reason of any claim to made by any broker'sperson, finder's firm or corporation other than Mxxxxx for any commission, expense or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker). Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time compensation as a result of the execution and delivery of this ContractLease or the demising of the Premises by the Landlord to the Tenant pursuant to this Lease, Purchaser which claim is advised by this writing that Purchaser should have an abstract covering alleged to arise out of any conversations, negotiations or dealings between such claimant and the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceLandlord. The Tenant agrees to pay a commission to Mxxxxx pursuant to a separate agreement between Mxxxxx and the Tenant. The Landlord agrees to pay a commission to C&W pursuant to a separate agreement between C&W and the Landlord.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial ManagementThe Industrial Property Group, Inc. ( and Paul Callister (collectively the "BrokerBrokers"). Seller shall be solely responsible for hereby xxxxxx xx xxx at Closing commissions due to the payment Brokers in the amount of any commission (2%) of the Purchase Price to Broker pursuant to a separate written agreement. Seller represents each of the Industrial Property Group, Inc. and warrants to Purchaser Paul Callister; provided, however, that BrokerSeller's obligation xx xxx, xxx Xxokers' right to receive a receive, this commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker Brokers shall have no right to receive this commission these commissions or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, Broker)Seller. Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker)Purchaser. Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this ContractClosing. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insurance.

Brokerage Commission. Seller and Purchaser represent each to the other that each has had no dealings with any broker, finder or other party concerning the purchase of the Property except Xxxxxxx Commercial Management, Inc. ( Xxxx Xxxx & Associates (the "Broker"). Purchaser and Seller shall be solely responsible are aware that the Broker is acting as dual agent for the payment of any both parties in this transaction. Seller hereby agrees to pay at Closing a commission to Broker pursuant in an amount equal to a separate written agreement. Seller represents two percent (2%) of the Purchase Price paid at Closing; provided, however, that Seller's obligation to pay, and warrants to Purchaser that Broker's right to receive a receive, this commission or any other amount with respect to this Contract or the Property is expressly conditioned upon Closing the sale of the Property and Seller's receipt of the Purchase Price under this Contract. Seller represents and warrants to Purchaser that Broker shall have no right to receive this commission or any other amount with respect to this Contract or the Property unless and until Closing shall be final and fully consummated and Seller shall have received the Purchase Price as provided in this Contract. Seller agrees to indemnify Purchaser and hold Purchaser harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Purchaser by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Seller (including, without limitation, the Broker). Purchaser agrees to indemnify Seller and hold Seller harmless from any loss, liability, damage, cost or expense (including, without limitation, reasonable attorneys' fees) arising out of or paid or incurred by Seller by reason of any claim to any broker's, finder's or other fee in connection with this transaction by any party claiming by, through or under Purchaser (excluding Broker)Purchaser. Notwithstanding anything to the contrary contained herein, the indemnities and other provisions set forth in this Article XI shall survive the Closing or termination of this Contract. Purchaser hereby acknowledges that at the time of the execution of this Contract, Purchaser is advised by this writing that Purchaser should have an abstract covering the Property examined by an attorney of Purchaser's own selection, or that Purchaser should be furnished with or obtain an owner policy of title insuranceClosing.