Common use of Real Estate Commissions Clause in Contracts

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 Broker at the Closing a brokerage fee determined by separate agreement between Seller and 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 vest only at Closing, and no commissions shall be due if the Closing does not occur for any reason. If 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, "Acquisition Fees" shall mean all fees paid to any person or entity in connection with the selection and purchase of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar nature. Seller and Purchaser, each hereby agrees 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 the other from any loss or damage resulting from an inaccuracy in the representations contained in this Section 10.2. This indemnification agreement of the parties shall survive the Closing.

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 Broker at ARA, a Newmark Company (hereinafter called “Agent”) a commission in the Closing amount agreed on, if and when payable in accordance with the terms of a brokerage fee determined by separate agreement between Seller and Broker; providedAgent. Except for Agent, that neither Seller nor Purchaser has authorized any such person broker 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 finder to such brokerage fee shall vest only at Closing, and no commissions shall be due if the Closing does not occur for any reason. If more than one party is listed as Broker herein such parties shall share equally in the brokerage fee paid by act on Purchaser’s or 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, "Acquisition Fees" shall mean all fees paid to any person or entity ’s behalf in connection with the selection sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar natureparty. Seller and Purchaser, each hereby Purchaser agrees to indemnify indemnify, defend, protect and hold harmless the other 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 for Acquisition Fees or similar charges of Agent based on Agent’s agreement with respect to this transaction, arising by, through or under the indemnifying party and each further Seller. Seller agrees to indemnify indemnify, defend, protect and hold harmless the other 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 loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transaction contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 9.2 shall survive the ClosingClosing or any earlier termination of this Agreement.

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

Real Estate Commissions. Neither Seller nor Purchaser has contacted authorized any real estate broker, broker or finder to act on Purchaser’s or similar person Seller’s behalf in connection with the transaction contemplated except Xxxxxxxxx & Partners sale and purchase hereunder other than Rxxxx Xxxx of CB Rxxxxxx Xxxxx (Xxx Xxxx “Broker”), and Xxxxx Xxxxxx) (neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of the "other party other than Broker"). If and only if the Closing occurs, Seller shall pay to Broker at the Closing a brokerage fee determined by separate agreement between Seller and Broker; provided, that any such person or entity receiving any portion of the brokerage fee is a licensed real estate broker commission 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 reasonaccordance with a separate written listing agreement. If 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, "Acquisition Fees" shall mean all fees paid to any person or entity in connection with the selection and purchase of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar nature. Seller and Purchaser, each hereby agrees to indemnify indemnify, defend, protect and hold harmless the other Seller from and against any and all claims for Acquisition Fees demands, claims, losses, damages, liabilities, costs or similar charges 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 respect to any broker or finder (other than Broker) in connection with this transaction, arising by, through Agreement or under the indemnifying party and each further transaction contemplated hereby. Seller agrees to indemnify indemnify, defend, protect and hold harmless the other 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 loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transactions contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 9.2 shall survive the ClosingClosing 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 Broker at CB Rxxxxxx Xxxxx, Inc. (hereinafter called “Agent”) a commission in the Closing amount agreed on, if and when payable in accordance with the terms of a brokerage fee determined by separate agreement between Seller and Broker; providedAgent. Except for Agent, that neither Seller nor Purchaser has authorized any such person broker 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 finder to such brokerage fee shall vest only at Closing, and no commissions shall be due if the Closing does not occur for any reason. If more than one party is listed as Broker herein such parties shall share equally in the brokerage fee paid by act on Purchaser’s or 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, "Acquisition Fees" shall mean all fees paid to any person or entity ’s behalf in connection with the selection sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar natureparty. Seller and Purchaser, each hereby Purchaser agrees to indemnify indemnify, defend, protect and hold harmless the other 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 for Acquisition Fees or similar charges of Agent based on Agent’s agreement with respect to this transaction, arising by, through or under the indemnifying party and each further Seller. Seller agrees to indemnify indemnify, defend, protect and hold harmless the other 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 loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transaction contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 9.2 shall survive the ClosingClosing 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 Broker at Apartment Realty Advisors, Inc. (hereinafter called “Agent” whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a brokerage fee determined by cash commission in the amount agreed on in a separate agreement between Seller and Broker; providedAgent. Said commission shall in no event be earned, that any 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 person or entity receiving any portion of the brokerage fee transaction is a licensed real estate broker in the State of Texas; not closed 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 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. If more than one party is listed Except as Broker herein such parties shall share equally in the brokerage fee paid set forth above with respect to Agent and Agent’s authorization by Seller. , neither Seller and nor Purchaser each represents has authorized any broker or finder to the other that no other Acquisition Fees (as hereafter defined) have been paid or are due and owing to act on any other person or entity other than to Broker. As used herein, "Acquisition Fees" shall mean all fees paid to any person or entity party’s behalf in connection with the selection sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar natureparty. Seller and Purchaser, each hereby Purchaser agrees to indemnify and hold harmless the other Seller from and against any and all claims for Acquisition Fees claims, losses, damages, costs or similar charges 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 respect to any broker or finder in connection with this transaction, arising by, through Agreement or under the indemnifying party and each further transaction contemplated hereby. Seller agrees to indemnify and hold harmless the other 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 loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transaction contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 9.2 shall survive the ClosingClosing 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 Broker at CB Xxxxxxx Xxxxx, Inc. of Virginia, Inc. (hereinafter called “Agent”) a commission in the Closing amount agreed on, if and when payable in accordance with the terms of a brokerage fee determined by separate agreement between Seller and Broker; providedAgent. Except for Agent, that neither Seller nor Purchaser has authorized any such person broker 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 finder to such brokerage fee shall vest only at Closing, and no commissions shall be due if the Closing does not occur for any reason. If more than one party is listed as Broker herein such parties shall share equally in the brokerage fee paid by act on Purchaser’s or 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, "Acquisition Fees" shall mean all fees paid to any person or entity ’s behalf in connection with the selection sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar natureparty. Seller and Purchaser, each hereby Purchaser agrees to indemnify indemnify, defend, protect and hold harmless the other 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 for Acquisition Fees or similar charges of Agent based on Agent’s agreement with respect to this transaction, arising by, through or under the indemnifying party and each further Seller. Seller agrees to indemnify indemnify, defend, protect and hold harmless the other 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 loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transaction contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 11.2 shall survive the ClosingClosing or any earlier termination of this Agreement.

Real Estate Commissions. Neither Pursuant to a separate written agreement, Seller has agreed to pay Marcus & Millichap (“Broker”) a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller’s agreement with Broker, neither Seller nor Purchaser has contacted authorized any real estate broker, broker or finder or similar person to act on any party’s behalf in connection with the transaction contemplated except Xxxxxxxxx & Partners (Xxx Xxxx sale and Xxxxx Xxxxxx) (the "Broker"). purchase hereunder and neither Seller shall pay nor Purchaser has dealt with any broker or finder purporting to Broker at the Closing a brokerage fee determined by separate agreement between Seller and Broker; provided, that any such person or entity receiving any portion act on behalf 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. If 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 Brokerparty. As used herein, "Acquisition Fees" shall mean all fees paid to any person or entity in connection with the selection and purchase of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar nature. Seller and Purchaser, each hereby Purchaser agrees to indemnify indemnify, defend and hold harmless the other Seller for, from and against any and all claims for Acquisition Fees claims, losses, damages, costs or similar charges 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 respect to any broker or finder in connection with this transaction, arising by, through Agreement or under the indemnifying party and each further transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless the other Purchaser for, from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any loss agreement, arrangement or damage resulting from an inaccuracy 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 representations transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties 9.2 shall survive the ClosingClosing or any earlier termination of this Agreement.

Real Estate Commissions. Neither Upon the Closing of the transaction contemplated hereby, Seller agrees to pay: (a) a commission in the amount of 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, Inc. ("BROKERS"). Said commissions are in no event payable unless the transaction contemplated hereby is closed in accordance with the terms of this Agreement. Except as set forth above, neither Seller nor Purchaser has contacted authorized any real estate broker, broker or finder to act on Seller or similar person Purchaser's behalf in connection with the transaction contemplated except Xxxxxxxxx & Partners (Xxx Xxxx sale and Xxxxx Xxxxxx) (the "Broker"). purchaser hereunder and neither Seller shall pay nor Purchaser has dealt with any broker or finder purporting to Broker at the Closing a brokerage fee determined by separate agreement between Seller and Broker; provided, that any such person or entity receiving any portion act on behalf 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. If 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 Brokerparty. As used herein, "Acquisition Fees" shall mean all fees paid to any person or entity in connection with the selection and purchase of the Property, including real estate commissions, selection fees, non-recurring management and start-up fees, development fees or any other fee of similar nature. Seller and Purchaser, each hereby Purchaser agrees to indemnify indemnify, defend and hold harmless the other Seller from and against any and all claims for Acquisition Fees claims, losses, damages, costs or similar charges 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 respect to any broker or finder in connection with this transactionAgreement or the transaction contemplated hereby, arising by, through or under other than the indemnifying party and each further Brokers. Seller agrees to indemnify indemnify, defend and hold harmless the other 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 loss agreement, arrangements or damage resulting from an inaccuracy 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 representations transaction contemplated hereby, including the Brokers. Notwithstanding anything to the contrary contained in herein, this Section 10.2. This indemnification agreement of the parties SECTION 11.2 shall survive the ClosingClosing or any earlier termination of this Agreement.