Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Seller shall pay to 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 in 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 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 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 with Agent and/or any other person or entity alleged to have been made by Seller or the Company or anyone on 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. Seller shall pay to Apartment Realty AdvisorsARA, Inc. through its agent, Xxxxx Xxxx (hereinafter called “AgentBroker” 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 AgentBroker. 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 ; 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 and Agent’s authorization by SellerBroker, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 with Agent and/or any other person or entity alleged to have been made by Seller or the Company or anyone on their Seller’s 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 10.2 shall survive the Closing or any earlier termination of this Agreement.

Real Estate Commissions. Seller shall pay to Apartment Realty AdvisorsARA, Inc. through its agent, Xxxxx Xxxx (hereinafter called “AgentBroker” 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 AgentBroker. 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 ; 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 and Agent’s authorization by SellerBroker, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 with Agent and/or any other person or entity alleged to have been made by Seller or the Company or anyone on their Seller’s 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 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 Apartment Realty AdvisorsInvestment Real Estate, Inc. LLC (hereinafter called “Agent” whether one or moreBroker”) a real estate commission upon the Closing consummation of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in 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 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 Agent and Agent’s authorization by SellerBroker, 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 with Agent and/or any other person or entity alleged to have been made by Seller or the Company or anyone on their Seller’s behalf with any other 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 Apartment Realty AdvisorsXxxxx Lang LaSalle Americas (Illinois), Inc. 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 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 ; 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 and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on any such 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, 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. 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 the Company or anyone on their Seller’s behalf with any other 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. Seller shall pay to Apartment Realty AdvisorsARA, Inc. a Newmark 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 on, if and when payable 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 Except 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 and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 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 character, including reasonable attorneys’ fees and expenses, 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 their Seller’s 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. Seller shall pay to Apartment Realty Advisors, Inc. Colliers Investment Services Group (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 on, if and when payable 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 Except 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 and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 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 character, including reasonable attorneys’ fees and expenses, 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 their Seller’s 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. Seller shall pay to 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 in 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 as set forth above with respect to Agent and Agent’s authorization by Seller, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 expenses) 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. Seller agrees to indemnify 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 character, including reasonable attorneys’ fees and expenses, 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 their Seller’s behalf with any other 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 Apartment Realty AdvisorsCB Rxxxxxx 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 on, if and when payable 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 Except 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 and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 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 character, including reasonable attorneys’ fees and expenses, 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 their Seller’s 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. Seller shall pay to Apartment Realty AdvisorsCB Xxxxxxx Xxxxx, Inc. of Virginia, 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 on, if and when payable 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 Except 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 and Agent’s authorization by Seller, neither Seller nor Purchaser has authorized any broker or finder to act on any partyPurchaser’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 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 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 character, including reasonable attorneys’ fees and expenses, 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 their Seller’s 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 11.2 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 Apartment Realty Advisors, Inc. (hereinafter called “Agent” whether one or more) upon Broker at the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a brokerage fee determined by separate agreement between Seller and Agent. Said commission Broker; 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 in vest only at Closing, and no event commissions shall 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, including, without limitation, failure of title or default . If more than one party is listed as Broker herein such parties shall share equally in the brokerage fee paid by Seller. Seller or and Purchaser or termination of this Agreement pursuant each represents to the terms hereof, then such commission will be deemed not to other that no other Acquisition Fees (as hereafter defined) have been earned paid or are due and owing to any other person or entity other than to Broker. As used herein, "Acquisition Fees" shall not be due mean all fees paid to any person or payable. Except 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 any party’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 and hold harmless Seller the other from and against any and all claimsclaims for Acquisition Fees or similar charges with respect to this transaction, lossesarising by, damages, costs through 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 under the transaction contemplated hereby. Seller indemnifying party and each further agrees to indemnify and hold harmless Purchaser 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 with Agent and/or any other person or entity alleged to have been made by Seller or an inaccuracy in the Company or anyone on their behalf with any other broker or finder representations contained in connection with this Agreement or the transaction contemplated hereby. Notwithstanding anything to the contrary contained herein, this Section 9.2 10.2. This indemnification agreement of the parties shall survive the Closing or any earlier termination of this AgreementClosing.