OTHER TERMS OF BROKER COMPENSATION. It is Xxxxxx’s sole responsibility to decide at what price and on what terms to list and sell the Property. Seller will act in good faith in considering all offers presented. Seller will act in good faith to accomplish the purpose of this listing agreement. Seller agrees to make the Property available for showing to prospective buyers at reasonable times. Seller warrants that Seller is the owner of the Property, that no other persons have title to the Property, and that Seller has full authority to enter into this agreement and to sell the Property. Xxxxxx agrees to indemnify, defend, and hold Xxxxxx harmless from all claims, disputes, lawsuits, legal proceedings, judgments, attorney fees and costs arising from any incorrect, incomplete, or misleading information supplied by Seller, or from any material facts about the Property that Seller knows but fails to disclose. If during the Listing Period, or any extension, cooperating broker, Seller or any other person procures a ready, willing, and able buyer(s) whose offer to purchase the Property on any price and terms is accepted by Seller, provided the Buyer completes the transaction or is prevented from doing so by Seller, Xxxxxx is entitled to compensation whether any escrow resulting from such offer closes during or within 90 days after the expiration of the Listing Period, or any extension. Should escrow fail to deliver all or part of said funds at or before close of escrow as instructed for any reason, Seller acknowledges and agrees that Seller remains obligated to pay all such compensation owed, and shall pay Homepie the amount of compensation owed directly to Homepie by cashier’s check, ACH, or wired funds within 3 calendar days from close of escrow in order for Homepie to fulfill the obligation to compensate the cooperating broker.
