Common use of Payment of the Sale Commission Clause in Contracts

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial (“Seller’s Agent”) and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (Buyer’s Agent”). Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, at Closing, their respective commission payable pursuant to their applicable commission agreements. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) CB Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial (“Seller’s Agent”) under a separate commission agreement between Seller and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (BuyerSeller’s Agent”). Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, at Closing, their respective the commission payable pursuant to their applicable under such commission agreements. No commissions will be due if the Closing does not occuragreement. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ ' behalf except Xxxxxxx Xxxx Company and The Colorado Group, Inc. (a"Seller's Agents") Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial under separate commission agreements between Seller and each of Seller's Agents, which commissions (“Seller’s Agent”"Brokers' Commissions") and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (Buyer’s Agent”). under said commission agreements Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, 's Agents at Closing, their respective commission payable pursuant to their applicable commission agreements. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ ' fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ ' fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein. Seller shall, as a condition to Purchaser's obligation to acquire the Property under this Agreement, cause each of Seller's Agents to execute and deliver to Purchaser a confidentiality agreement in form and content substantially in accordance with Exhibit O attached hereto.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except CB Xxxxxxx Xxxxx and Xxxxxxx & Xxxxxxxxx (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial (collectively, “Seller’s Agent”) under a separate commission agreement between Seller and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Seller’s Agent, and Staubach Company (Buyer“Purchaser’s Agent”)) under a separate commission agreement between Purchaser and Purchaser’s Agent. Seller and Purchaser will pay or cause to be paid to Seller’s Agent and BuyerPurchaser’s Agent, respectively, at Closing, their respective the commission payable pursuant to their applicable under such commission agreements. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial Xxxxx (“Seller’s Agent”) under a separate commission agreement between Seller and Seller’s Agent, and Corporate Realty Associates (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (Buyer“Purchaser’s Agent”)) under a separate commission agreement between Purchaser and Purchaser’s Agent. Seller and Purchaser will pay or cause to be paid to Seller’s Agent and BuyerPurchaser’s Agent, respectively, at Closing, their respective the commission payable pursuant to their applicable under such commission agreements. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE and Xxxxxxxxx Commercial Real Estate Services (“Seller’s Agentcollectively, the Agents”) and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (Buyer’s Agent”)under separate commission agreements. Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, the Agents at Closing, their respective commission the commissions payable pursuant to their applicable under such commission agreements. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial (“Seller’s Agent”) under a separate commission agreement between Seller and Seller’s Agent, and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company Asset Management Consultant, Inc. (Buyer’s Agent”). Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, at Closing, their respective the commission payable pursuant to their applicable under such commission agreementsagreement. Seller will pay Buyer’s Agent through Escrow upon Closing the sum of $300,000. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ ' behalf except CB Richard Ellis (a"Seller's Agxxx") Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial (“xxxxx x separate commission agreement between Seller and Seller’s 's Agent”) and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (Buyer’s Agent”). Seller will pay or cause to be paid to Seller’s Agent and Buyer’s 's Agent, at Closing, their respective the commission payable pursuant to their applicable under such commission agreements. No commissions will be due if the Closing does not occuragreement. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ ' fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ ' fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.

Payment of the Sale Commission. Purchaser and Seller represent and warrant to each other that no real estate broker or agent has been authorized to act on either parties’ behalf except (a) Xxxxxxx Xxxxxx/Xxxxx & Xxxxx/BRE Commercial Xxxxxxxxx (“Seller’s Agent”) under a separate commission agreement between Seller and (b) Xxxxx Xxxxxxxx/Xxxxx & Xxxxx Company (BuyerSeller’s Agent”). Seller will pay or cause to be paid to Seller’s Agent and Buyer’s Agent, at Closing, their respective the commission payable pursuant to their applicable under such commission agreementsagreement. No commissions will be due if the Closing does not occur. Purchaser hereby indemnifies Seller and holds Seller harmless from and against any and all demands or claims which now or hereafter may be asserted against Seller for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Purchaser and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. Seller hereby indemnifies Purchaser and holds Purchaser harmless from and against any and all demands or claims which now or hereafter may be asserted against Purchaser for any brokerage fees, commissions or similar types of compensation which may be claimed by any broker which was engaged or which claims to have been engaged by Seller and all expenses and costs in handling or defending any such demand or claim, including reasonable attorneys’ fees. This provision shall survive (i) any termination of this Agreement and (ii) the Closing and shall not be merged therein.