Representation and Indemnity. Purchaser and Seller each hereby represents and warrants to the other that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman (other than Broker) so as to create any legal right or claim in any such broker, agent or salesman (other than Broker) for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Except as provided in Section 8.1 with respect to Broker, Purchaser and Seller hereby indemnify each other against, and agree to hold each other harmless from, any liability or claim (and all expenses, including reasonable attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor and relating to this Agreement or the purchase and sale of the Property. Broker hereby represents and warrants to Seller and Purchaser that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman so as to create any legal right or claim in any such broker, agent or salesman for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Further, Broker hereby indemnifies Purchaser and Seller against, and agrees to hold Purchaser and Seller harmless from, any liability or claim (and all expenses, including attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with such Broker and relating to this Agreement or the purchase and sale of the Property.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Inland Western Retail Real Estate Trust Inc)
Representation and Indemnity. (a) Purchaser and Seller each hereby represents and warrants to the other that it has not disclosed this Agreement or the subject SUBJECT matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman (other than Broker) so as to create any legal right or claim in any such broker, agent or salesman (other than Broker) for a real estate commission COMMISSION or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Except as provided in Section 8.1 with respect to Broker, Purchaser and Seller hereby indemnify shall indemnify, hold harmless and defend each other against, from and agree to hold each other harmless from, against any liability or claim (and all expenses, including reasonable attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor indemnifying party and relating to this Agreement or the purchase and sale of the Property. Property (including reasonable attorneys' fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
(b) Broker hereby represents and warrants to Seller and Purchaser that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman so as to create any legal right or claim in any such broker, agent or salesman for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Further, Broker hereby indemnifies shall indemnify, hold harmless and defend each of Seller and Purchaser from and Seller against, and agrees to hold Purchaser and Seller harmless from, against any liability or claim (and all expenses, including attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with such Broker and relating to this Agreement or the purchase and sale of the PropertyProperty (including reasonable attorneys' fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Post Apartment Homes Lp)
Representation and Indemnity. (a) Purchaser and Seller each hereby represents and warrants to the other that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman (other than Broker) so as to create any legal right or claim in any such broker, agent or salesman (other than Broker) for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Except as provided in Section 8.1 with respect to Broker, Purchaser and Seller hereby indemnify shall indemnify, hold harmless and defend each other against, from and agree to hold each other harmless from, against any liability or claim (and all expenses, including reasonable attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor indemnifying party and relating to this Agreement or the purchase and sale of the Property. Property (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
(b) Broker hereby represents and warrants to Seller and Purchaser that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman so as to create any legal right or claim in any such broker, agent or salesman for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Further, Broker hereby indemnifies shall indemnify, hold harmless and defend each of Seller and Purchaser from and Seller against, and agrees to hold Purchaser and Seller harmless from, against any liability or claim (and all expenses, including attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with such Broker and relating to this Agreement or the purchase and sale of the PropertyProperty (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
Appears in 1 contract
Samples: Purchase and Sale Agreement (Post Apartment Homes Lp)
Representation and Indemnity. (a) Purchaser and Seller each hereby represents and warrants to the other that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman (other than Broker) so as to create any legal right or claim in any such broker, agent or salesman (other than Broker) for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Except as provided in Section 8.1 with respect to Broker, Purchaser and Seller hereby indemnify shall indemnify, hold harmless and defend each other against, from and agree to hold each other harmless from, against any liability or claim (and all expenses, including reasonable attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with the indemnitor indemnifying party and relating to this Agreement or the purchase and sale of the Property. Property (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
(b) Broker hereby represents and warrants to Seller and Purchaser that it has not disclosed this Agreement or the subject matter hereof to, and has not otherwise dealt with, any real estate broker, agent or salesman so as to create any legal right or claim in any such broker, agent or salesman for a real estate commission or similar fee or compensation with respect to the negotiation and/or consummation of this Agreement or the conveyance of the Property by Seller to Purchaser. Further, Broker hereby indemnifies Bxxxxx shall indemnify, hold harmless and defend each of Seller and Purchaser from and Seller against, and agrees to hold Purchaser and Seller harmless from, against any liability or claim (and all expenses, including attorneys’ fees, incurred in defending any such claim or in enforcing this indemnity) claims and demands for a real estate brokerage commission or similar fee or compensation arising out of or in any way connected with any claimed dealings with such Broker Bxxxxx and relating to this Agreement or the purchase and sale of the PropertyProperty (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity).
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