Common use of Real Estate Commission Clause in Contracts

Real Estate Commission. A. Purchaser hereby represents and warrants to Seller that Purchaser is not represented by any agent, broker or finder in regard to the sale and purchase of the Property contemplated herein. Purchaser hereby indemnifies Seller and agrees to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. B. Seller hereby represents and warrants to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") in regards to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. Purchaser hereby represents and warrants to Seller that Purchaser Landlord is not represented by Xxxxxxx Xxxxxx (“Landlord’s Broker”) and Tenant is represented by Xxxxx & Xxxxx (“Tenant’s Broker”). Landlord shall be responsible for payment of all commissions. Tenant’s Broker shall be paid a fee of three percent (3%) of the Base Rent described in Section 3 above. Landlord’s Broker shall be paid a fee of two and one half percent (2.5%) of the Base Rent described in Section 3 above. Commission shall be due and payable within fifteen (15) days after the mutual execution of this 2nd Amendment. There shall be no fees or commissions due Landlord’s Broker and/or Tenant’s Broker with respect to any agentOption Term. Landlord warrants and represents to Tenant that Landlord has not engaged or contracted with any person, broker firm or entity other than Landlord’s Broker to serve or act as a broker, agent or finder in regard to for the sale and purchase purpose of the Property transactions contemplated hereinin this 2nd Amendment. Purchaser Tenant warrants and represents to Landlord that Tenant has not engaged, contracted with or dealt with any person, firm or entity, other than Tenant’s Broker (Landlord’s Broker and Tenant’s Broker are sometimes referred to herein collectively as the “Brokers”), to serve or act as a broker, agent or finder for the purpose of the transactions contemplated in this 2nd Amendment. Tenant shall and does hereby indemnifies Seller indemnify and agrees to hold Seller free and harmless Landlord from and against any claim for any consulting fee, finder’s fee, commission, or like compensation, including reasonable attorneys’ fees in defense thereof, payable in connection with this 2nd Amendment and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because asserted by any party arising out of any claim act or agreement by any agentTenant, broker or finder engaged excluding the commissions payable by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or Landlord to the sale Brokers as described above. Landlord shall and Purchase of the Property contemplated hereby. B. Seller does hereby represents indemnify and warrants to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") in regards to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless Tenant from and against any and all liabilityclaim for any consulting fee, lossfinder’s fee, costcommission, damage and expenseor like compensation, including but not limited to reasonable attorneys' ’ fees in defense thereof, payable in connection with this 2nd Amendment and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because asserted by any party arising out of any claim act or agreement by any agent, broker or finder engaged Landlord (including the commissions payable by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or Landlord to the sale and Purchase of the Property contemplated herebyBrokers as described above). C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. Purchaser hereby represents and warrants to Seller that Purchaser is (a) This Agreement was not represented brought about, directly or indirectly, by any agent, real estate agency or broker other than Butlxx & Xixlxx (xxe "Broker") and no commission or finder in regard fee will be payable on the sale hereunder other than to the sale Broker. American Equity and purchase Realty Corporation of the Property contemplated herein. Purchaser hereby indemnifies Seller and agrees New York ("AERCNY") has been employed by Buyer to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation act as a consultant with respect to this Agreement or transaction and Buyer agrees to pay AERCNY its agreed-upon fees and to indemnify, defend and hold Seller harmless in respect thereto. AERCNY agrees that in no event will Seller be obligated to it for any compensation whatsoever. In the sale and Purchase event of a Closing, Seller shall pay the Property contemplated hereby. B. Seller hereby Broker a real estate commission in the amount of One Hundred Thousand Dollars ($100,000.00). Each party hereto represents and warrants to Purchaser that Seller it has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") employed no brokers or real estate agencies in regards the creation of or the negotiations relating to this Agreement other than the Broker, and each party shall indemnify and hold the other harmless against any cost, claims or expenses (including attorneys fees), arising by reason of any breach by such party of its warranty and representation under this section. (b) In the event of a default by Buyer, the failure of a Closing condition, or in the event for any other reason, including a default by Seller or Buyer, no Closing occurs, no real estate commission will be owing or paid to the sale and purchase Broker, nor shall the Broker be entitled to any portion of the Property contemplated herebyforfeited Deposit. Seller shall be solely responsible for payment The Broker has joined in the execution of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or for the sole purpose of acknowledging the provisions of this section and agreeing to the sale execute a broker's lien waiver at closing and Purchase of the Property contemplated herebythat this Agreement may be amended by Seller and Buyer without execution by Broker provided such amendment does not affect Broker's entitlement to its commission. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. In negotiating this Agreement, Broker and Co-Broker (collectively "Brokers") have rendered a valuable service for which Brokers shall be paid a commission at closing by x Seller __Purchaser hereby represents equal to two and warrants one half percent (2.5 %) of the Purchase Price (the "Commission"). Such Commission shall be payable at Closing as follows: all cash to Xxxxxx Realty, Inc. at closing No change shall be made by Purchaser or Seller that Purchaser is not represented by any agent, broker or finder in regard with respect to the sale and purchase time of payment, amount of payment, or the conditions of payment of the Property contemplated hereinCommission, without the written consent of Brokers. If this transaction involves an exchange of real estate, the full Commission shall be paid in respect to the property conveyed to each party to the other, and notice of the dual agency is hereby given and accepted by Seller and Purchaser. The Commission on an exchange shall be calculated on the amount of the stated basis of each property as taken in such exchange, according to the agreement between the parties, and if no value is placed on the property to be exchanged, then according to the reasonable value thereof. In the event of any exchange, each party shall be regarded as the seller as to the property conveyed by each party. Purchaser and Seller each hereby indemnifies represent and warrant to the other, and to Brokers, that no party other than Brokers is entitled as a result of the actions of Seller or Purchaser, as the case may be, to a commission or other fee resulting from the execution of this Agreement or the transactions contemplated hereby, and Seller and agrees Purchaser each hereby agree to severally indemnify, defend and hold Seller free each other and Brokers harmless from and against any and all liabilitycosts, lossdamages and expenses, cost, damage and expense, including, but not limited to, attorney's including attorneys fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim arising from claims made by any agent, broker or finder engaged by Purchaseragents for additional real estate commissions or brokerage fees with whom the indemnifying party may have dealt. This representation, whether warranty and indemnity shall survive the rescission, cancellation, termination or not meritorious, for any fee, commission or other compensation with respect to consummation of this Agreement or to the sale and Purchase of the Property contemplated herebyAgreement. B. Seller hereby represents and warrants to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") in regards to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. Section 15.1 Seller and Purchaser hereby represents represent and warrants warrant each to Seller the other that Purchaser is they have not represented by dealt with any agentreal estate broker, broker sales person or finder in regard connection with this transaction other than CBRE – Sxxxx Xxxxxx (as “Seller's Broker”). Seller does hereby represent and warrant that it, its members, officers, employees and agents have not contracted for any real estate commissions or similar fees and Seller has not acted in a manner so as to give rise to a claim for such real estate commissions or similar fee, except as provided in this Section 15.1. Seller shall be responsible for the payment of real estate commissions due and payable to Seller's Broker, as provided by separate written agreement between Seller and Seller’s Broker. Seller does hereby agree to indemnify and defend Purchaser against and hold Purchaser harmless from any and all such real estate commissions, claims to such commissions or similar fees, including costs and attorneys’ fees incurred in any lawsuit regarding such commissions or fees, to the sale extent such claims or liabilities are based upon the actions of Seller. In connection therewith, Purchaser does hereby represent and purchase of the Property contemplated hereinwarrant that it, its officers, employees, members and agents have not contracted for any real estate commissions or similar fees and Purchaser has not acted in a manner so as to give rise to a claim for such real estate commissions or similar fee. Purchaser shall be solely responsible for the payment of any and all real estate commissions, claims to such commissions or similar fees arising, directly or indirectly, out of this transaction and based upon the actions of Purchaser. Purchaser does hereby indemnifies agree to indemnify and defend Seller and agrees to hold Seller free and harmless from and against any other real estate commissions, claims to such commissions or similar fees, including costs and all liabilityattorneys’ fees incurred in any lawsuit regarding such commissions and fees, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase extent such claims or liabilities are based upon actions of Purchaser. The indemnity provisions of this Section 15.1 shall survive the Property contemplated herebyClosing or termination of this Agreement. B. Seller hereby represents and warrants to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") in regards to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. Purchaser hereby In the event the Close of Escrow occurs in accordance with this Agreement, SELLER authorizes Escrow Agent to pay real estate commissions from the proceeds of the Purchase Price deposited in Escrow to BUYER's Broker in the amount calculated as follows: (a) the amount of four percent (4%) of the Purchase Price payable by BUYER at Close of Escrow, less (b) the amount of all commissions received by BUYER's Broker from or on behalf of the Ocean Ranch Developer on account of the sale of the Land to SELLER ("Commission"). SELLER shall pay the Commission in two (2) equal installments: (i) one-half at the time of recordation of SELLER's construction loan, and (ii) one-half upon Close of Escrow; provided, however if BUYER defaults in failing to proceed with the Close of Escrow and fails or refuses to perform in accordance with the Lease, then the amount paid to SELLER under preceding clause (i) shall be refunded by BUYER's Broker to SELLER. Except for BUYER's Broker, BUYER represents and warrants to Seller that Purchaser is it has not been represented by any agent, a real estate broker or finder in regard other person and has incurred no liability for any brokerage commission or finder's fee arising from or relating to the sale transactions contemplated by this Agreement which could give rise to a claim against SELLER. BUYER does hereby agree to indemnify, and purchase of the Property contemplated herein. Purchaser hereby indemnifies Seller covenants and agrees to protect, defend and hold Seller free and harmless SELLER from and against any and all liability, loss, cost, damage and or expense, including, but not limited toby way of limitation, attorney's fees and costs of litigationreasonable attorneys' fees, both prior to and on appeal, which Seller shall ever suffer or incur because account of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, brokerage commission or other compensation with respect finder's fee arising from any act or omission of BUYER which is claimed to this Agreement or to be due as a result of the sale and Purchase of the Property contemplated hereby. B. Seller hereby to BUYER. SELLER represents and warrants that it has not been represented by a real estate broker or other person and has incurred no liability for any brokerage commission or finder's fee arising from or relating to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") in regards to the transactions contemplated by this Agreement or which could give rise to the sale a claim against BUYER. SELLER does hereby agree to indemnify, and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser covenants and agrees to protect, defend and hold Purchaser free and harmless BUYER from and against any and all liability, loss, cost, damage and or expense, including including, but not limited to by way of limitation, reasonable attorneys' fees and costs of litigation both prior to and fees, on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because account of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, brokerage commission or other compensation with respect finder's fee arising from any act or omission of SELLER which is claimed to this Agreement or to be due as a result of the sale and Purchase of the Property contemplated herebyto BUYER. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. Purchaser Section 10.1 Seller does hereby represents represent and warrants to Seller warrant that Purchaser is not represented by any agentit, broker ITS officers, employees and agents have contracted for no real estate commissions or finder in regard to similar fees and, except for the sale and purchase of the Property fees contemplated herein. Purchaser hereby indemnifies Seller and agrees to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. B. Seller hereby represents and warrants to Purchaser that Seller has engaged Xxxxxxxxxx Xxxxxx, Inc. ("Seller's Broker") not acted in regards a manner so as to this Agreement give rise to a claim for such real estate commissions or to the sale and purchase of the Property contemplated herebysimilar fee. Seller shall be solely responsible for tile payment of commission/consideration any and all real estate commissions, claims to such commissions, and/or similar type fees arising directly or indirectly out of this transaction and based upon the actions of Seller's Broker . Seller does hereby agree to indemnify Purchaser against and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free harmless from any and all such real estate commissions, claims to such commissions, or similar fees, including attorneys' fees incurred in any lawsuit regarding such commissions or fees, to the extent such claims or liabilities are based upon the actions of Seller. In connection herewith and except as provided herein, Purchaser does hereby represent and warrant that it, ITS officers, employees and agents have contracted for no real estate commissions or similar fees. Purchaser has not acted in a manner so as to give rise to a claim for other real estate commissions or similar fee. Purchaser shall be solely responsible for the payment of any and all real estate commissions, claims to such commissions, and/or similar type fees arising directly or indirectly out of this transaction and based upon the actions of Purchaser. Purchaser does hereby agree to indemnify Seller and hold Seller harmless from and against any and all liability, loss, cost, damage and expensesuch real estate commissions or similar fees, including but not limited to costs and attorneys' fees incurred in any lawsuit regarding such commissions and costs fees, to the extent that such claims and liabilities are based upon actions of litigation both prior to and on Purchaser. The Apartment Group, Inc., a Texas corporation (Seller's Initials: __________ PurchaserBroker") has acted as Seller's Initials: __________ {O1117744;9} appealbroker in this transaction. Seller has agreed to pay Seller's Broker a commission if, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to as and when the sale and Purchase of the Property contemplated herebyto Purchaser closes (but not otherwise) on the terms and conditions contained in a separate agreement entered into by Seller and Seller's Broker. Seller shall not be obligated to pay any other real estate commissions. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreementSection 10.2 PURCHASER ACKNOWLEDGES THAT, AT THE TIME OF EXECUTION OF THIS AGREEMENT, THE SELLER ADVISED PURCHASER BY THIS WRITING THAT PURCHASER SHOULD HAVE THE ABSTRACT COVERING THE PROPERTY EXAMINED BY AN ATTORNEY OF PURCHASER'S OWN SELECTION OR THAT PURCHASER SHOULD BE FURNISHED WITH OR OBTAIN A POLICY OF TITLE INSURANCE.

Real Estate Commission. A. Purchaser hereby represents and warrants to Seller that Purchaser is not represented by any agent, broker or finder in regard to the sale and purchase of the Property contemplated herein. Purchaser hereby indemnifies Seller and agrees to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, both prior to and on appeal, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. B. Seller hereby represents and warrants to Purchaser that Seller has engaged Xxxxxxxxxx XxxxxxAxxxxxxxxx Wxxxxx, Inc. ("Seller's Broker") in regards to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase of the Property contemplated hereby. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.

Real Estate Commission. A. (a) Upon the Closing of the sale pursuant to this Agreement (and only in the event of Closing), Seller shall pay to Lamaxxxx Xxxlty a real estate commission equal to three percent (3%) of the Purchase Price, less any amounts previously paid to Lamaxxxx Xxxlty by Seller pursuant to a consulting agreement, between Lamaxxxx Xxxlty and Seller. Seller shall also pay to Concorde Realty Group, Inc. a real estate commission equal to two percent (2%) of the Purchase Price (Lamaxxxx Xxxlty and Concorde Realty Group, Inc. are collectively referred to herein as the "Brokers"). Seller shall also pay to Jessx Xxxxxxx ("Xinder") a finder's fee in the amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00). Said commissions and finder's fee shall be payable in cash at the time of the Closing. The Purchaser hereby represents and warrants to the Seller that the Purchaser is has not represented by engaged or dealt with any agent, broker or finder in regard to other than the Brokers and Finder regarding this Agreement or the sale and purchase of the Property contemplated hereinhereby. The Purchaser hereby indemnifies the Seller and agrees to hold the Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's attorneys' fees and costs of litigation, both prior to and on appeal, which the Seller shall ever suffer or incur because of any claim by any agent, broker or finder finder, other than the Brokers and Finder, engaged by the Purchaser, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase purchase of the Property contemplated hereby. B. (b) The Seller hereby represents and warrants to the Purchaser that (i) the amounts payable to the Brokers and Finder by Seller as set forth immediately above in Article XX(a) are the total amounts owing to the Brokers and Finder with respect to this Agreement, and (ii) the Seller has not engaged Xxxxxxxxxx Xxxxxxor dealt with any agent, Inc. ("Seller's Broker") in regards to broker or finder other than the Brokers and Finder regarding this Agreement or to the sale and purchase of the Property contemplated hereby. Seller shall be solely responsible for payment of commission/consideration to Seller's Broker and The Seller hereby indemnifies the Purchaser and agrees to hold the Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on Seller's Initials: __________ Purchaser's Initials: __________ {O1117744;9} appeal, which the Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by the Seller, including the Brokers and Finder, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and Purchase purchase of the Property contemplated hereby. C. Seller's Broker shall be paid by the Seller from Closing proceeds pursuant to separate agreement.