Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.), Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

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Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Self Storage Investment Services, Inc. ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap NGKF Capital Markets ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other partyparty other than a written agreement between Seller and JLL (“Broker”). Seller shall pay Broker a commission subject to and in accordance with such separate agreement between Seller and Broker in regard thereto. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Nuveen Global Cities REIT, Inc.)

Real Estate Commissions. Pursuant Each of Seller and Purchaser represents and warrants to a separate written agreement, Seller the other that it has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement dealt with Broker, neither Seller nor Purchaser has authorized any no broker or finder to act on any party's behalf other intermediary in connection with this transaction other than CBRE, who shall be compensated by Seller pursuant to the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf terms of any other partya separate agreement. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this This Section 9.2 10.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Jxxxx Xxxxxx of Marcus and & Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party, except for CBRE (“Agent”), who represents Seller. Seller shall pay Agent any commissions due Agent on the Closing Date. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses (including but not limited to reasonable attorneys’ fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with Agent and/or any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party, except for ARA, A Newmark Company (“Agent”), who represents Seller. Seller shall pay Agent any commissions due Agent on the Closing Date. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding with Agent and/or any other person or entity alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Steadfast Apartment REIT III, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser Buyer has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser Buyer has dealt with any broker or finder purporting to act on behalf of any other party, other than Xxxxxx & Dunlop, which will be paid a fee by Seller if this transaction closes pursuant to a separate agreement. Purchaser Buyer agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser Buyer or on Purchaser's Buyer’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser Buyer from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding with Agent and/or any other person or entity alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cottonwood Communities, Inc.)

Real Estate Commissions. Pursuant to a separate written agreementSeller, Seller has agreed at its sole cost and expense, agrees to pay Marcus and Millichap to Weston Commercial Realty (hereinafter called "BrokerSeller's Agent") a real estate any commission upon consummation of the transaction contemplated by due to Weston Commercial Realty pursuant to this Agreementtransaction. Except for Seller's agreement with Broker, neither Purchaser hereby represents and warrants to Seller nor Purchaser that it has not authorized any broker broker, agent or finder to act on any party's its behalf in connection with the sale and purchase hereunder contemplated by this Contract, and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold Seller harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by between Purchaser or on Purchaser's behalf with and any broker or finder acting on its behalf in connection with this Agreement or the transaction contemplated herebyContract. Seller agrees to indemnify and hold Purchaser harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by between Seller or on and Seller's behalf with any broker or finder Agent in connection with this Agreement Contract, and represents to Purchaser that it has not authorized any broker, agent or finder other than Seller's Agent to act on its behalf in connection with the transaction sale and purchase contemplated hereby, including Brokerby this Contract. Notwithstanding anything to the contrary contained herein, this Section 9.2 paragraph shall survive the Closing or any earlier termination of this AgreementContract.

Appears in 1 contract

Samples: Agreement to Sell and Purchase (Sabre Holdings Corp)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any partySeller's or Purchaser's behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 SECTION 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tyler Technologies Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Quantum Property Advisors ("Broker") a real estate commission upon consummation of if and only if the transaction contemplated by this AgreementAgreement is successfully consummated. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller and Purchaser acknowledge that (i) Xxxxx Xxxxxxx, including Brokeran officer of an affiliate of Seller, is a licensed real estate broker in the State of Texas, and (ii) Xxxxx Xxxx, an officer of an affiliate of Purchaser, is a licensed real estate broker in the State of Texas. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant Seller and Purchaser hereby represent and warrant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Xxxxx Xxxxxx at JLL Capital Markets ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, Seller and Purchaser hereby represent and warrant to each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold Seller harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold Purchaser harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Quantum Property Advisors ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party, except for CBRE, Inc. (“Agent”), who represents Seller. Seller shall pay Agent any commissions due Agent on the Closing Date. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding with Agent and/or any other person or entity alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap MJ Partners Self Storage Group ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

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Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Seller Neither Sellers nor Purchaser has have authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller Sellers nor Purchaser has have dealt with any broker or finder purporting to act on behalf of any other party. Purchaser Xxxxxxxxx agrees to indemnify and hold harmless Seller Sellers from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees Sellers agree to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller Sellers or on Seller's Sellers’ behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller Purchaser has agreed to pay Marcus and Millichap Argus Self Storage ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's Purchaser’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant Seller and Purchaser hereby represent and warrant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and & Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has have authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has have dealt with any broker or finder purporting to act on behalf of any other party. Purchaser Xxxxxxxxx agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Xxxxxx Realty Group, Inc. ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate The Seller confirms and acknowledges that it has not entered into any agreements (written agreement, or otherwise) or retained any brokers in respect of the purchase and sale of the Property other than with CBRE Limited (the Seller’s Broker). The Seller has agreed agrees to pay Marcus and Millichap ("Broker") a in full the real estate commission upon consummation of due to the transaction contemplated by this AgreementSeller’s Broker. Except for Seller's agreement with Brokerthe forgoing, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated herebyhereby other than Seller’s Broker. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Seller’s Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Progressive Realty Partners, Inc., a California corporation ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold harmless Seller for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any partySeller's or Purchaser's behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser Xxxxxxxxx agrees to indemnify indemnify, defend and hold harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, agreement arrangement or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller Xxxxxx agrees to indemnify indemnify, defend and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Argus Self Storage Sales Network ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, Seller and Purchaser hereby represent and warrant to each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend and hold Seller harmless Seller from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold Purchaser harmless Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust II, Inc.)

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