Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows: (i) Seller shall pay: the premiums for the Title Policy, the cost of recording the Deed, and one-half (1/2) of any escrow fees or similar charges of Escrow Holder. (ii) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer. (iii) Buyer shall pay all costs incurred in connection with Buyer's updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property. (iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's and Seller's attorneys' fees, shall be borne and paid by the party incurring same. (b) If the Close of Escrow does not occur by reason of Buyer's or Seller's default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp), Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: the premiums for grantor recording tax payable in connection with the Title Policy, the cost recording of recording the Deed, ; and one-half (1/2) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all salesthe Title Company.
(ii) Buyer shall pay: the premiums for the title policy, gross receiptsincluding, compensatingbut not limited to, stampthe premium for ALTA extended coverage, excise, documentary, transfer, deed if required by Buyer; one-half (1/2) of any escrow fees or similar taxes or fees (City, County charges of Escrow Holder and State) the Title Company; and the state grantee tax and local grantee tax payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Republic Property Trust)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: the premiums for the Title Policy, the cost of (1) deed stamps payable in connection with recording the Deed, and ; (2) one-half (1/2) of any escrow fees or similar charges of Escrow Holder, (3) all commissions payable to Seller's broker and (4) the cost of recording any mortgage discharge documentation.
(ii) Buyer shall pay (1) the premiums for the Title Policy; (2) the cost of recording the Deed; and (3) one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this AgreementHolder. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's and Seller's attorneys' fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's or Seller's default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: the premiums for the Title Policy, (1) the cost of recording the Deed, and one-half (1/2) of any escrow fees or similar charges of Escrow Holder.
; (ii2) Buyer shall pay one-half the premium for the Title Policy; (1/23) preparation of any escrow fees or similar charges of Escrow Holder the Deed; and (4) the commission described in Section 14 hereof, and (5) all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement.
(ii) Buyer shall pay (1) the cost of any simultaneously issued mortgage title policy to its lender; (2) the cost of the Survey, if any; and (3) one-half (1/2) of any escrow fees or similar charges of Escrow Holder. If Buyer desires ALTA extended coverage for any endorsements, additional coverages or modifications to the Title Policy, Buyer shall pay the premiums additional premium and any additional costs (including any survey costs) all other fees or charges for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's and Seller's attorneys' fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's or Seller's default under this Agreement, then all escrow and title Title Policy charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: pay (A) for all county and city documentary stamp taxes in connection with the premiums recordation of the Deed, (B) the base premium (the “Base Premium”) due in connection with the Standard Owner’s Title Policy for the Title PolicyReal Property obtained by Buyer, (C) all recording fees in connection with the cost recordation of recording the Deed, and (D) one-half (1/2) of any escrow all fees or similar charges of charged by Escrow Holder.
(ii) Buyer shall will pay for (A) the difference in the premium from the Base Premium being paid by Seller for any Extended Coverage Title Policy and for any Endorsements requested by Buyer, (B) all costs incurred in connection with Buyer’s updating or recertifying the Existing Survey or obtaining any new surveys for the Real Property, and (C) one-half (1/2) of any escrow all fees or similar charges of charged by Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by BuyerHolder.
(iii) Buyer The parties shall pay any costs as expressly provided elsewhere in this Agreement and shall adjust all costs incurred other closing charges in connection accordance with Buyer's updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) custom in Orange County, California. Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Banc of California, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (1) the premiums for the Title Policy, (2) the cost of recording the Deed, and (3) one-half (1/2) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-half (1/2½) of any escrow fees or similar charges of Escrow Holder and (4) and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County County, and State) payable in connection with the consummation of the transactions contemplated by this Agreement. .
(ii) Buyer shall pay one-half (½) of any escrow fees or similar charges of Escrow Holder. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: the premiums for the Title Policy, the cost of recording the Deed, and one-half (1/21) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If , (2) the premiums (and taxes thereon, if applicable) for the Title Policy, (3) the cost of recording the Deed, and (4) one-half (½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay: (1) one‑half (½) of any escrow fees or similar charges of Escrow Holder, and (2) if Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including taxes thereon, if applicable, and any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) In addition, Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's and Seller's attorneys' fees, transaction shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Strategic Opportunity REIT, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (1) the premiums for the Title Policy, the cost of recording the Deed, and (2) one-half (1/2½) of any escrow fees or similar charges of Escrow Holder.
, and (ii3) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (Cityfor the State of Illinois, County of Cook and Statethe City of Chicago ($3.00 per thousand as to the City of Chicago).
(ii) payable in connection with Buyer shall pay: (1) one-half (½) of any escrow fees or similar charges of Escrow Holder, (2) the consummation cost of recording the transactions contemplated by this AgreementDeed, and (3) sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees for the City of Chicago ($7.50 per thousand as to the City of Chicago). If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's Xxxxx’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller Xxxxxx and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Growth & Income REIT, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: the premiums for the Title Policy, (1) the cost of recording the Deed, and (2) one-half (1/2½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-half pay: (1/21) one‑half (½) of any escrow fees or similar charges of Escrow Holder Holder, and all sales(2) the premiums for the Title Policy, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If if Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrowescrow charges, title charges and other closing costs shall be allocated between Seller and Buyer Purchaser as follows:
(i) Seller shall pay: (A) the premiums premium for the Title Policya standard ALTA title policy, (B) the cost of recording the Deed, and (C) one-half (1/2) of any escrow fees or similar charges of Escrow Holder.
, (iiD) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage for , and (E) all costs incurred in connection with obtaining, updating or recertifying the Survey.
(ii) Purchaser shall pay: (A) one-half of any Title Policyescrow fees or similar charges of Escrow Holder, Buyer shall pay (B) the premiums premium and any additional costs (including any survey costs) for such extended ALTA coverage (additional to the premiums premium for standard ALTA coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
Purchaser, and (iiiC) Buyer shall pay all costs incurred in connection with Buyer's updating Purchaser’s environmental or recertifying the Existing Surveys or obtaining any surveys for other inspections of the Real Property.
(iviii) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer Purchaser with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's Purchaser’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's Purchaser’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (1) the premiums for the standard coverage portion of the Title Policy, (2) the cost of recording the Deed, and one-half (1/23) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-half (1/2) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If , and (4) one-half (½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer desires shall pay: (1) one-half (½) of any escrow fees or similar charges of Escrow Holder, and (2) the ALTA extended coverage for any portion of the Title Policy, Buyer shall pay the including premiums and any additional costs (including any new survey costscosts procured by Buyer) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if Policy required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any new surveys procured by Buyer for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other All expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(v) Any other transaction costs for which responsibility is not expressly set forth in this Agreement shall be apportioned in the customary manner for real property transactions in Los Angeles County.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (1) the premiums for “Controlling Interest Transfer Tax” payable in connection with the Title Policy, transfer of the cost of recording the DeedInterests, and (2) one-half (1/2½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay pay: (1) the premiums for the Title Policy and all title other title costs, and (2) one-half (1/2½) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this AgreementHolder. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: (1) the premiums for the Title Policy, (2) the cost of recording the Deed, and (3) one-half (1/2½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay one-one half (1/2½) of any escrow fees or similar charges of Escrow Holder and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County and State) payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage for any Title Policy, Buyer shall pay the premiums and any additional costs (including any survey costs) for such coverage (additional to the premiums for standard coverage) and the cost of any endorsements to the Title Policy, if required by Buyer.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or obtaining any new surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.)
Escrow and Title Charges. (a) Upon the Close of Escrow, escrow, title charges and other closing costs shall be allocated between Seller and Buyer as follows:
(i) Seller shall pay: pay the premiums for grantor tax; the Title Policy, regional congestion relief fee; the cost of recording any instruments required to discharge any liens or encumbrances against the Deed, Property required to be discharged by Seller at Closing; and one-half (1/2½) of any escrow fees or similar charges of Escrow Holder.
(ii) Buyer shall pay the premiums for the Title Policy, including, but not limited to, the premium for ALTA extended coverage, if required by Buyer (and any additional costs (including any survey costs) for such coverage and the cost of any endorsements to the Title Policy); one-half (1/2½) of any escrow fees or similar charges of Escrow Holder Holder; and all sales, gross receipts, compensating, stamp, excise, documentary, transfer, deed or similar taxes or fees (City, County the state grantee tax and State) local grantee tax payable in connection with the consummation of the transactions contemplated by this Agreement. If Buyer desires ALTA extended coverage Any other costs, fees or otherwise, and all other expenses in connection with Closing not expressly provided for any Title Policy, Buyer above shall pay be apportioned between the premiums and any additional costs (including any survey costs) for such coverage (additional to parties as is customary in the premiums for standard coverage) and county in which the cost of any endorsements to the Title Policy, if required by BuyerProperty is located.
(iii) Buyer shall pay all costs incurred in connection with Buyer's ’s updating or recertifying the Existing Surveys or Buyer’s obtaining any surveys for the Real Property.
(iv) Except to the extent otherwise specifically provided herein, all other expenses incurred by Seller and Buyer with respect to the negotiation, documentation and closing of this transaction, including, without limitation, Buyer's ’s and Seller's ’s attorneys' ’ fees, shall be borne and paid by the party incurring same.
(b) If the Close of Escrow does not occur by reason of Buyer's ’s or Seller's ’s default under this Agreement, then all escrow and title charges (including cancellation fees) shall be borne by the party in default.
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)