Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agent. Except for 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, defend, protect and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to 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, including reasonable attorneys’ fees and expenses, 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 9.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Neither Seller nor Purchaser has contacted any real estate broker, finder or similar person in connection with the transaction contemplated except Xxxxxxxxx & Partners (Xxx Xxxx and Xxxxx Xxxxxx) (the "Broker"). Seller shall pay to Colliers Investment Services Group (hereinafter called “Agent”) Broker at the Closing a commission in the amount agreed on, if and when payable in accordance with the terms of a brokerage fee determined by separate agreement between Seller and AgentBroker; provided, that any such person or entity receiving any portion of the brokerage fee is a licensed real estate broker in the State of Texas; and provided, further, that Broker's right to such brokerage fee shall vest only at Closing, and no commissions shall be due if the Closing does not occur for any reason. Except for AgentIf more than one party is listed as Broker herein such parties shall share equally in the brokerage fee paid by Seller. Seller and Purchaser each represents to the other that no other Acquisition Fees (as hereafter defined) have been paid or are due and owing to any other person or entity other than to Broker. As used herein, neither Seller nor Purchaser has authorized "Acquisition Fees" shall mean all fees paid to any broker person or finder to act on Purchaser’s or Seller’s behalf entity in connection with the sale selection and purchase hereunder of the Property, including real estate commissions, selection fees, non-recurring management and neither Seller nor Purchaser has dealt with any broker start-up fees, development fees or finder purporting to act on behalf of any other partyfee of similar nature. Purchaser Seller and Purchaser, each hereby agrees to indemnify, defend, protect indemnify and hold harmless Seller the other from and against any and all demandsclaims for Acquisition Fees or similar charges with respect to this transaction, claimsarising by, losses, damages, liabilities, costs through or expenses of any kind or character (including reasonable attorneys’ fees under the indemnifying party and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller each further agrees to indemnify, defend, protect indemnify and hold harmless Purchaser the other from and against any and all claims, losses, damages, liabilities, costs loss or expenses of any kind or character, including reasonable attorneys’ fees and expenses, arising out of or damage resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller’s behalf with any broker or finder an inaccuracy in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything to the contrary representations contained herein, in this Section 9.2 10.2. This indemnification agreement of the parties shall survive the Closing or any earlier termination of this AgreementClosing.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agent. Except for Agent, neither 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 other than Rxxxx Xxxx of CB Rxxxxxx Xxxxx (“Broker”), and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any the other partyparty other than Broker. If and only if the Closing occurs, Seller shall pay Broker a real estate commission in accordance with a separate written listing agreement. Purchaser agrees to indemnify, defend, protect and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and chargesexpenses) 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 (other than Broker) in connection with this Agreement or the transaction contemplated hereby, other than claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect and hold harmless Purchaser from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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 transactions contemplated hereby. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group CB Rxxxxxx Xxxxx, Inc. (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agent. Except for 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, defend, protect and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to 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, including reasonable attorneys’ fees and expenses, 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 9.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group Xxxxx Lang LaSalle Americas (Illinois), L.P. (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 onon in a separate listing agreement between Seller and Agent. Said commission shall in no event be earned, if due or payable unless and when payable until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of a separate agreement between this Agreement and Seller has received the Purchase Price in immediately available funds; if such transaction is not closed and Agentfully 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 for as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellersuch 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, defend, protect indemnify and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) arising out of or resulting from any agreement, Renaissance Chicago Downtown Hotel 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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 (including without limitation, Agent) or finder in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything to the contrary contained herein, this Section 9.2 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 to Colliers Investment Services Group Charmel Storage Capital (hereinafter called “AgentBroker”) a real estate commission in upon consummation of the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agenttransaction contemplated by this Agreement. Except for AgentSeller’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellerany 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, defend, protect defend and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect defend and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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.

Real Estate Commissions. Pursuant to a separate written agreement, Seller shall has agreed to pay to Colliers Investment Services Group Real Estate, LLC (hereinafter called “AgentBroker”) a real estate commission in upon consummation of the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agenttransaction contemplated by this Agreement. Except for AgentSeller’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellerany 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, defend, protect indemnify and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group Apartment Realty Advisors, 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, if and when payable on in accordance with the terms of a separate 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 for as set forth above with respect to Agent and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellerany 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, defend, protect indemnify and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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 the Company or anyone on Seller’s their behalf with any other broker or finder in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything to the contrary contained herein, this Section 9.2 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 to Colliers Investment Services Group NAI Horizon (hereinafter called “AgentBroker”) a real estate commission in upon consummation of the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agenttransaction contemplated by this Agreement. Except for AgentSeller’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellerany 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, defend, protect defend and hold harmless Seller for, from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group CB Xxxxxxx Xxxxx, Inc. of Virginia, Inc. (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agent. Except for 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, defend, protect and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to 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, including reasonable attorneys’ fees and expenses, 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 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to Colliers Investment Services Group ARA, a Newmark Company (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agent. Except for 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, defend, protect and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to 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, including reasonable attorneys’ fees and expenses, 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 9.2 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 to Colliers Investment Services Group Marcus & Millichap (hereinafter called “AgentBroker”) a real estate commission in upon consummation of the amount agreed on, if and when payable in accordance with the terms of a separate agreement between Seller and Agenttransaction contemplated by this Agreement. Except for AgentSeller’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser’s or Sellerany 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, defend, protect defend and hold harmless Seller for, from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) 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 claims of Agent based on Agent’s agreement with the Seller. Seller agrees to indemnify, defend, protect defend and hold harmless Purchaser for, from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, 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.

Real Estate Commissions. Upon the Closing of the transaction contemplated hereby, Seller shall pay agrees to Colliers Investment Services Group pay: (hereinafter called “Agent”a) a commission in the amount agreed onof two percent (2%) of the Purchaser Price to Vigor Properties and (b) a commission in the amount of three percent (3%) of the Purchaser Price to Dunhill Partners, if and when Inc. ("BROKERS"). Said commissions are in no event payable unless the transaction contemplated hereby is closed in accordance with the terms of a separate agreement between Seller and Agentthis Agreement. Except for Agentas set forth above, neither Seller nor Purchaser has authorized any broker or finder to act on Seller or Purchaser’s or Seller’s 's behalf in connection with the sale and purchase purchaser 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, defend, protect defend and hold harmless Seller from and against any and all demands, claims, losses, damages, liabilities, costs or expenses of any kind or character (including reasonable attorneys’ fees and charges) arising out of or resulting from any agreement, 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, other than claims of Agent based on Agent’s agreement with the SellerBrokers. Seller agrees to indemnify, defend, protect defend and hold harmless Purchaser from and against any and all claims, losses, damages, liabilities, costs or expenses of any kind or character, including reasonable attorneys’ fees and expenses, character arising out of or resulting from any agreement, arrangement arrangements 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 the Brokers. 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.