Common use of Potential Investor as Principal and Other Brokers or Agents Clause in Contracts

Potential Investor as Principal and Other Brokers or Agents. Potential Investor is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the Property. Potential Investor acknowledges that it has not had any discussion regarding the Property with any broker or agent unless this Agreement is executed by a real estate broker (the “Investor’s Broker”) below. Potential Investor or Investor’s Broker will not look to Xxxxxxxx or to Owner for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property or any interest therein unless a separate written agreement has been executed by Investor’s Broker and either Owner or Xxxxxxxx promising to pay Investor’s Broker a commission with respect to the purchase of the Property by Potential Investor. Potential Investor shall indemnify and hold Owner and Xxxxxxxx and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “Owner/Xxxxxxxx Related Parties”), harmless from and against any and all claims, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorneys’ fees) of any kind, nature or character relating to the Property by any agents or brokers resulting from (i) any failure by Potential Investor or any Related Party to disclose any relationship Potential Investor may have with respect to any broker or other intermediary, (ii) any failure by Potential Investor to pay any amounts claimed by any broker or other intermediary (including, without limitation, any Potential Investor’s Representative), other than Xxxxxxxx, in connection with the marketing or sale of the Property unless a separate written agreement has been executed by Xxxxxxxx or Owner agreeing to pay such amounts and (iii) any breach or default hereunder by Potential Investor and/or any deemed breach or default hereunder by any Related Party.

Potential Investor as Principal and Other Brokers or Agents. Potential Investor is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the Property. Potential Investor will not look to HFF or to Owner for any brokerage commission, finder’s fee, or other compensation (other than what is identified below in this Section 4) in connection with the sale of the Property or any interest therein. Potential Investor acknowledges that it has not had any discussion regarding the Property with any broker or agent unless this Agreement is executed by a real estate broker (other than the “Potential Investor’s Broker”Representative (if any) below. Potential Investor or Investor’s Broker will not look to Xxxxxxxx or to Owner for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property or any interest therein unless a separate written agreement has been executed by Investor’s Broker and either Owner or Xxxxxxxx promising to pay Investor’s Broker a commission with respect to the purchase of the Property by Potential Investoridentified above. Potential Investor shall indemnify and hold Owner and Xxxxxxxx HFF and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “Owner/Xxxxxxxx HFF Related Parties”), harmless from and against any and all claims, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorneys’ attorney’s fees) of any kind, nature or character relating to the Property by any agents or brokers (other than HFF and Potential Investor’s Representative identified above) resulting from (i) any failure by Potential Investor or any Related Party to disclose any relationship Potential Investor may have with respect to any broker or other intermediary, (ii) any failure by Potential Investor to pay any amounts claimed by any broker or other intermediary (including, without limitation, any Potential Investor’s Representative), other than XxxxxxxxHFF, in connection with the marketing or sale of the Property unless a separate written agreement has been executed by Xxxxxxxx or Owner agreeing to pay such amounts and (iii) any breach or default hereunder by Potential Investor and/or any deemed breach or default hereunder by any Related Party. If the Potential Investor purchases the Property, the Potential Investor’s Representative identified above shall be entitled to a percentage of the commission paid to HFF by Owner in an amount to be determined by HFF in its sole discretion. Potential Investor’s Representative identified above shall be entitled to a total commission of One Percent (1%) of the final purchase price if the Potential Investor purchases the Property, which shall be paid by Owner.

Potential Investor as Principal and Other Brokers or Agents. Potential Investor is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the PropertyTransaction. Potential Investor acknowledges that it has not had any discussion regarding the Property with any broker or agent unless this Agreement is executed by a real estate broker (the “Investor’s Broker”) below. Potential Investor or Investor’s Broker will not look to Xxxxxxxx HFF or to Owner Sponsor for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property Transaction or any interest therein unless a separate written agreement therein. Potential Investor acknowledges that it has been executed by not had any discussion regarding the Transaction or the Properties with any broker or agent other than Potential Investor’s Broker and either Owner or Xxxxxxxx promising to pay Investor’s Broker a commission with respect to the purchase of the Property by Potential InvestorRepresentative, if any, identified above. Potential Investor shall indemnify and hold Owner Sponsor and Xxxxxxxx HFF and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “OwnerSponsor/Xxxxxxxx HFF Related Parties”), harmless from and against any and all claims, actions, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorneys’ attorney’s fees) of any kind, nature or character (collectively, the “Claims”) relating to the Property Transaction or the Properties by any agents or brokers (including the Potential Investor’s Representative, if any) (other than HFF) resulting from from, in connection with, related to, or arising or alleged to have arisen in connection with (ia) any failure by Potential Investor or any Related Party to disclose any relationship Potential Investor may have with respect to any broker or other intermediary, (iib) any failure by Potential Investor to pay any amounts claimed by any broker or other intermediary (including, without limitation, any the Potential Investor’s Representative, if any), other than XxxxxxxxHFF, in connection with the marketing or sale of investment in the Property unless a separate written agreement has been executed by Xxxxxxxx or Owner agreeing to pay such amounts Properties and (iiic) any breach or default hereunder by Potential Investor and/or any deemed breach or default hereunder by any Related Party.

Potential Investor as Principal and Other Brokers or Agents. Potential Investor is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the Property. Potential Investor acknowledges that it has not had any discussion regarding the Property with any broker or agent unless this Agreement is executed by a real estate broker (the “Investor’s Broker”) below. Potential Investor or Investor’s Broker will not look to Xxxxxxxx HFF or to Owner for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property or any interest therein unless a separate written agreement therein. Potential Investor acknowledges that it has been executed by not had any discussion regarding the Property with any broker or agent other than the Potential Investor’s Broker and either Owner or Xxxxxxxx promising to pay Investor’s Broker a commission with respect to the purchase of the Property by Potential InvestorRepresentative (if any) identified above. Potential Investor shall indemnify and hold Owner and Xxxxxxxx HFF and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “Owner/Xxxxxxxx HFF Related Parties”), harmless from and against any and all claims, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorneys’ attorney’s fees) of any kind, nature or character relating to the Property by any agents or brokers (including any Potential Investor’s Representative) (other than HFF or any other agents or brokers claiming to have dealt only with Owner) resulting from (i) any failure by Potential Investor or any Related Party to disclose any relationship Potential Investor may have with respect to any broker or other intermediary, (ii) any failure by Potential Investor to pay any amounts claimed by any broker or other intermediary (including, without limitation, any Potential Investor’s Representative), other than XxxxxxxxHFF or any other agents or brokers claiming to have dealt only with Owner, in connection with the marketing or sale of the Property unless a separate written agreement has been executed by Xxxxxxxx or Owner agreeing to pay such amounts and (iii) any breach or default hereunder by Potential Investor and/or any deemed breach or default hereunder by any Related Party.

Potential Investor as Principal and Other Brokers or Agents. Potential Investor is a principal and not an agent of or acting on behalf of any other party in connection with the purchase of the Property. Potential Investor will not look to JLL or to Owner for any brokerage commission, finder's fee, or other compensation in connection with the sale of the Property or any interest therein. Potential Investor acknowledges that it has not had any discussion regarding the Property with any broker or agent unless this Agreement is executed by a real estate broker (other than the “Investor’s Broker”) below. Potential Investor or Investor’s Broker will not look to Xxxxxxxx or to Owner for any brokerage commission, finder’s fee, or other compensation in connection with the sale of the Property or any interest therein unless a separate written agreement has been executed by Investor’s Broker and either Owner or Xxxxxxxx promising to pay Investor’s Broker a commission with respect to the purchase of the Property by Potential Investor's Representative identified above. Potential Investor shall indemnify and hold Owner and Xxxxxxxx JLL and their respective officers, directors, shareholders, partners, members, employees, agents and representatives and any affiliate, successor or assign thereof (collectively, the “"Owner/Xxxxxxxx ILL Related Parties”"), harmless from and against any and all claims, causes of action, damages, suits, demands, liabilities, fines, fees, costs and expenses (including, but not limited to, court costs and attorneys’ attorney's fees) of any kind, nature or character relating to the Property by any agents or brokers (including any Potential Investor's Representative) (other than ILL) resulting from (i) any failure by Potential Investor or any Related Party to disclose any relationship Potential Investor may have with respect to any broker or other intermediary, (ii) any failure by Potential Investor to pay any amounts claimed by any broker or other intermediary (including, without limitation, any Potential Investor’s 's Representative), other than XxxxxxxxJLL, in connection with the marketing or sale of the Property unless a separate written agreement has been executed by Xxxxxxxx or Owner agreeing to pay such amounts and (iii) any breach or default hereunder by Potential Investor and/or any deemed breach or default hereunder by any Related Party. No Representations as to Offering Materials or Condition of Property. Potential Investor understands and acknowledges that neither Owner, .ILL nor any Owner/XL Related Party makes any representation or warranty as to the accuracy or completeness of the Offering Materials or the condition of the Property in any manner. The Potential Investor further understands and acknowledges that the information used in the preparation of the Offering Materials was furnished by Owner and has not been independently verified by JLL and is not guaranteed as to completeness or accuracy. Potential Investor agrees that neither Owner, JLL, nor any Owner/JLL Related Party shall have any liability for any reason to the Potential Investor or any of its representatives or Related Parties resulting from the us e of the Offering Materials by any person in connection with the sale of, or other investments by Potential Investor in the Property whether or not consummated for any reason. Neither Owner, JLL nor any Owner/in Related Party is under any obligation to notify or provide any further information to Potential Investor or any Related Party if either Owner or JLL becomes aware of any inaccuracy, incompleteness or change in the Offering Materials. The undersigned acknowledges that neither Owner, JLL nor any Owner/JLL Related Party, has made any representation or warranty as to the accuracy or completeness of the Offering Materials, or the suitability of the information contained therein for any purpose whatever, and any representation or warranty in connection therewith is hereby expressly excluded. The Offering Materials provided to the undersigned are subject to, among other things, correction of errors and omissions, additions or deletion of terms, and withdrawal upon notice. The undersigned agrees that neither Owner, JLL, nor any Owner/JLL Related Party shall have any liability to Potential Investor and/or any Related Party resulting from the delivery to or use by the undersigned of the Offering Materials or otherwise with respect thereto. Potential Investor and Related Parties shall rely only their own due diligence and investigation of the Property, including but not limited to any financial, title, environmental, physical, tenant or any other matters.