Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AGENT" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. Commercial (hereinafter called "AGENTAgent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Purchaser shall pay to Xxxx Schelpfeffer ("Schelpfeffer") upon the Closing of the transaction contemplated hereby, and not otherwise a cash commission in the amount agreed on in a separate listing agreement between Purchaser and Schelpfeffer. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or of Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to AgentAgent and Schelpfeffer, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 Section 8.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AGENT" whether one or more) the Agent upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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, other than Bartxx Xxxxxxx. Seller Xxller 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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay and Purchaser represent and warrant to CB Xxxxxxx Xxxxxeach other that they have dealt with no broker, finder or similar agent in connection with the transaction provided for in this Contract, except Xxxxx X. Xxxxxxxx Co. and Xxxx Xxxx Agency, Inc. (hereinafter collectively called the "AGENT" whether one or moreBrokers") upon the Closing to which Seller agrees to pay a commission of six percent (6%) of the transaction contemplated hereby, and not otherwise, a cash commission total purchase price (to be divided equally between the Brokers) in the amount agreed on event and only in a separate listing agreement between Seller and Agent. Said commission shall in no the event be earned, due or payable unless and until the transaction contemplated hereby this sale is closed and fully consummated strictly in accordance with the terms and provisions of this Agreement Contract and Seller has received receives the Purchase Price total purchase price provided for in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such paragraph 2 herein. This commission will be deemed not full payment to have been earned the Brokers and shall not be due to any persons claiming through or payable. Except as set forth above with respect to Agentunder the Brokers, neither Seller nor Purchaser has authorized any broker for all services rendered, commissions earned, or finder to act on Purchaser's behalf expenses incurred in connection with the negotiations, transfer, sale and/or conveyance of the Property; and, if requested by Seller, the Brokers agree to execute and purchase hereunder deliver to Seller at the Closing a full and neither complete release of any claims and demands which may arise from any such negotiations, transfer, sale and/or conveyance. Furthermore, the Brokers agree to indemnify and hold Seller nor and Purchaser has harmless from and against any claims for commission or other fees made by any person if that person is claiming to have dealt with the Brokers in connection with this transaction, including reasonable attorney's fees incurred in connection with the defense of such a claim. Seller agrees to hold Purchaser harmless from and against any broker or finder purporting claim made by any person claiming to act on behalf have dealt with Seller in connection with this transaction, including reasonable attorney's fees incurred in the defense of any other partysuch a claim. Purchaser agrees to indemnify and hold Seller harmless Seller from and against any and all claims, losses, damages, costs or expenses of claim made by any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged person claiming to have been made by dealt with Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement transaction, including reasonable attorney's fees incurred in the defense of such a claim. Purchaser acknowledges that it has been advised by the Brokers that it should have an abstract covering the Real Property examined by an attorney of its selection, or the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs should be furnished with or expenses obtain a policy 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. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 shall survive the Closing or any earlier termination of this Agreementtitle insurance.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx XxxxxCommercial Real Estate, Inc. (hereinafter called "AGENTAgent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's or Seller'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, protect and hold harmless Seller from and against any and all claims, losses, damages, liabilities, 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, protect and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, 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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Pursuant to a separate written agreement, Seller shall has agreed to pay (i) Xxxx Xxxxxx Co. (herein, "Xxxxxx") a commission in amount equal to CB Xxxxxxx Xxxxxtwo percent (2%) of the Purchase Price, Inc. and (hereinafter ii) Xxxxx Xxxx of Xxxx Real Estate (herein, "Xxxx", and together with Xxxxxx herein collectively called "AGENT" whether one or moreBroker") a commission in amount equal to two percent (2%) of the Purchase Price, such real estate commissions being payable upon the Closing consummation of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of by this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payableAgreement. Except as set forth above for Seller's agreement with respect to AgentBroker, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaserany 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 10.2 Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AGENT" “Agent” whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser'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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx XxxxxXxxxxxxxxx Advisors, Inc. LLC (hereinafter called "AGENT" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "AGENTAgent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $350,000 in real estate commissions. Except as set forth above with respect to AgentAgent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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 costs, or expenses of any kind or character arising out of or resulting from any agreement, arrangement 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller and Parent, each warrant and represent that it has not dealt with any real estate broker, dealer or salesman in connection with the transactions contemplated herein, and that there are and shall pay to CB Xxxxxxx Xxxxxbe no brokerage fees, Inc. (hereinafter called "AGENT" whether one commissions, or more) upon other remuneration of any kind arising from the execution of this Agreement or the Closing of the transaction Contemplated Transactions or arising from the Lease Agreement or the transactions contemplated herebythereby, and not otherwise, as a cash commission in the amount agreed on in a separate listing agreement between result of Seller's actions. Seller and Agent. Said commission Parent, each shall forever jointly and severally indemnify and hold harmless Purchaser or FTI against and in no event be earned, due or payable unless respect of any and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reasonall Claims, including, without limitation, failure of title or default reasonable attorneys' fees and court costs, incurred by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized resulting from any Claim by any broker or finder to act agent or other person on 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 basis of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs arrangements or expenses of any kind agreements made 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 of Seller in respect to the transactions herein contemplated. Purchaser warrants and represents that it has not dealt with any broker real estate other broker, dealer or finder salesman in connection with the transactions contemplated herein, and that there are and shall be no brokerage fees, commissions, or other remuneration of any kind arising from the execution of this Agreement or the transaction contemplated herebyClosing of the Contemplated Transactions as a result of Purchaser's actions. Seller agrees to Purchaser shall forever indemnify and hold harmless Purchaser from Seller and Parent, each against and in respect of any and all claimsClaims, lossesincluding, damageswithout limitation, costs reasonable attorney's fees and court costs, incurred by Seller or expenses of any kind or character arising out of or Parent resulting from any agreementClaim asserted against Seller or Parent by any agent, broker or other person on the basis of any arrangement or understanding agreements made or alleged to have been be made by Seller or on Seller's behalf with any broker or finder of Purchaser in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything respect to the contrary contained herein, transactions herein contemplated. The provisions of this SECTION 10.2 Article X shall survive the Closing or any earlier termination of this AgreementDate.

Real Estate Commissions. Seller shall pay covenants and represents to CB Purchaser that except for N/S Associates and Xxxxxxx XxxxxXxXxxxxxxx ("Seller's Brokers"), Inc. (hereinafter called "AGENT" whether one no brokers are claiming by, through or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between under Seller and Agent. Said none are entitled to be paid a finder's fee, cooperation fee, commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title other brokerage-type fee or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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 similar compensation in connection with this Agreement and the transactions contemplated hereby ("Brokerage Compensation"), and that Seller has not had any dealings or agreements with any other individual or entity in connection therewith. Purchaser covenants and represents to Seller that except for Xxxx Xxxxx Xxxxx Realtors and Xx. Xxxxxxx X. Dixon ("Buyer's Brokers") no brokers are claiming by, through or under Purchaser and none are entitled to be paid Broker's Compensation, and that Purchaser has not had any dealings or agreements with any other individual or entity in connection therewith. If any person or entity other than the transaction contemplated hereby. Seller's Broker or Buyer's Brokers shall assert a claim to such a fee or compensation against either Seller agrees or Purchaser on account of alleged employment as a finder, consultant or broker, then the party to indemnify this Agreement by, through or under whom the person or entity claims such employment shall indemnify, defend and hold harmless Purchaser the other party against and from and against any and all claimssuch claims and all costs, 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 and liabilities incurred in connection with such claim or any action or proceeding brought thereon. Seller's Broker and Buyer's Brokers agree that, without the prior written consent of Seller and Purchaser, they will not make or permit to be made, or permit those acting by, through or under them to make, any press release, tombstone or other advertisement or other announcement, or disseminate any information to third parties, relative to this Agreement or the transaction contemplated herebytransaction. Notwithstanding anything to the contrary The agreement contained herein, in this SECTION 10.2 Paragraph shall survive the Closing or any the earlier termination of this Agreementhereof. The Brokerage Compensation shall be paid at the Closing as follows: One Hundred Fifty Thousand Dollars ($150,000) to N/S Associates, One Hundred Thousand ($100,000) to Xxxxxxx XxXxxxxxxx, One Hundred Thousand Dollars ($100,000) to Xxxx Xxxxx Xxxxx Realtors (Xxx Xxxxxx), and One Hundred Thousand Dollars ($100,000) to Xx. Xxxxxxx X. Dixon.

Real Estate Commissions. Neither Seller shall pay to CB Xxxxxxx Xxxxxnor Purchaser has contacted any real estate broker, Inc. (hereinafter called "AGENT" whether one finder or more) upon the Closing of similar person in connection with the transaction contemplated hereby, except Lincoln Property Company Commercial Service Enterprises, Inc. and not otherwise, Bakex Xxxxxxx Xx. (the "Brokers"). Seller shall pay to the Brokers at the Closing a cash commission brokerage fee in the aggregate amount agreed on in a separate listing agreement between Seller of six (6.O%) percent of the Purchase Price; provided, however, that Brokers' right to such brokerage fee shall vest only at Closing, and Agent. Said no commission shall in no event be earned, due or payable unless and until if the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is Closing does not closed and fully consummated occur for any reason. The aforesaid commission shall be divided between the Brokers as follows: three percent (3.0%) to Lincoln Property Company Commercial Service Enterprises, includingInc. and three percent (3.0%) to Bakex Xxxxxxx Xx. To the actual knowledge of Seller and Purchaser, without limitation, failure of title no other Acquisition Fees (as hereafter defined) have been paid or default by Seller are due and owing to any other person or Purchaser or termination of this Agreement pursuant entity other than to the terms hereofBrokers. Neither of the Brokers shall be entitled to any portion of the Earnxxx Xxxey in the event the same or any part thereof is forfeited to Seller. As used herein, then such commission will be deemed not "Acquisition Fees" shall mean all fees paid to have been earned and shall not be due any person or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's behalf entity in connection with the sale selection and purchase hereunder of the Property, including real estate commissions, selection fees, and neither Seller nor Purchaser has dealt with any broker non-recurring management and start-up fees, development fees or finder purporting to act on behalf of any other partyfee of similar nature. Seller and Purchaser each hereby agree to indemnify and hold harmless the other from and against any and all claims for Acquisition Fees or similar charges with respect to this transaction arising by, through or under the indemnifying party and each further agrees to indemnify and hold harmless Seller the other from and against any and all claims, losses, damages, costs loss or expenses of any kind or character arising out of or damage resulting from any agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder an inaccuracy in connection with the representations contained in this Agreement or Section 11.2. This indemnification agreement of 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. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 parties shall survive the Closing or any earlier termination of this AgreementClosing.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AGENT" whether one or more) the Agent upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's or Seller'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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. 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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. Cxxxxxx & Wakefield (hereinafter called "AGENT" “Agent” whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser'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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall has agreed to pay to CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AGENT" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash brokerage commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until of four percent (4%) of the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Total Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reasonto Gruxx & Ellxx Xxmpany, includinglocated at 1330 Xxxx Xxx Xxxxxxxxx, without limitationXxxxx 0000, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereofXxxxxxx, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's behalf Xxxxx 00000 xx Closing in connection with the sale and purchase hereunder contemplated herein. Gruxx & Ellxx xxall pay at Closing a referral fee in the amount of one percent (1%) of the Total Purchase Price to be divided evenly between Dan Xxxxxx xx NAI Partners Commercial and neither Merxxxxx Xxxxx xx Infincon Advisory Services. In addition, Seller nor Purchaser has dealt with shall be solely responsible for and does hereby agree to pay any broker and all other brokerage fees, commissions, or finder purporting other remuneration of any kind arising from the execution of this Agreement or the Closing of the purchase and sale contemplated hereby which are payable to act Seller's brokers or any other Person claiming on the basis of any arrangement or agreements made or alleged to be made by or on behalf of any other partySeller in respect to the transactions herein contemplated. Purchaser agrees to Seller shall forever indemnify and hold harmless Seller from Purchaser against and against in respect of any and all claims, losses, damagesliabilities and expenses, costs or expenses including, without limitation, attorney's fees and court costs, which Purchaser may incur on account of any kind claim by any broker or character arising out agent or other Person (including, without limitation, Gruxx & Ellxx Xxmpany, and any individual broker associated therewith) on the basis of any arrangements or resulting from any agreement, arrangement agreements made or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder of Seller in connection with this Agreement or respect to the transaction contemplated herebytransactions herein contemplated. Seller agrees to Similarly, Purchaser shall forever indemnify and hold harmless Purchaser from Seller against and against in respect of any and all claims, losses, damagesliabilities and expenses, costs or expenses including, without limitation, attorney's fees and court costs, which Seller may incur on account of any kind claim by any broker or character arising out agent or other Person on the basis of any arrangements or resulting from any agreement, arrangement agreements made or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder of Purchaser in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything respect to the contrary contained herein, transactions herein contemplated. The provisions of this SECTION 10.2 Article 13 shall survive the Closing or any earlier the termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx XxxxxIf, Inc. (hereinafter called "AGENT" whether one or more) upon and only if, the Closing sale of the transaction contemplated hereby, Property shall be completed and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Agreement, at Closing, Seller has received shall pay The Apartment Group (hereinafter called "Seller's Broker") a commission of $217,500.00 based on the Purchase Price of $9,000,000. Seller covenants and represents to Purchaser that Seller's Broker is the only party claiming by, through or under Seller entitled to be paid a finder's fee, cooperation fee, commission or other brokerage-type fee or similar compensation in immediately available funds; if connection with this Agreement and the transactions contemplated hereby ("Brokerage Compensation"),and that Seller has not had any dealings or agreements with any other individual or entity in connection therewith. Purchaser covenant and represents to Seller that Seller's Broker is the only party with whom Purchaser has dealt and there is no other party entitled to be paid Broker's Compensation, and that Purchaser has not had any dealings or agreements with any other individual or entitiy in connection therewith. If any person or entity other than Seller's Broker shall assert a claim to such transaction is not closed a fee or compensation against either Seller or Purchaser on account of alleged employment as a finder, consultant or broker, then the party to this Agreement by, through or under whom the person or entity claims such employment shall indemnify, defend and fully consummated for hold harmless the other party against and from any reasonand all such claims and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought thereon, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payableattorneys' fees. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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 Broker agrees that without the prior written consent of Seller and Purchaser, Seller's Broker they will not make or permit to be made, or permit those acting by, through or under them to make, any broker press release, tombstone or finder in connection with other advertisement or other announcement, or disseminate any information to third parties, relative to this Agreement or the transaction contemplated hereby. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 shall survive the Closing or any earlier termination of this Agreementtransaction.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "AGENTAgent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $250,000.00 in real estate commissions. Except as set forth above with respect to AgentAgent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this ------------- Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. Xxxxx & Xxxxx Company (hereinafter called "AGENT" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or and payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "AGENTAgent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available fundsAgreement; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to AgentAgent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this SECTION Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to CB Xxxxxxx Xxxxx, Inc. Xxxxxxxxxx Advisors (hereinafter called "AGENT" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, due or payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and fully consummated for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this SECTION 10.2 shall survive the Closing or any earlier termination of this Agreement.