Common use of Real Estate Commission Clause in Contracts

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV shall survive the closing. EXECUTED on this the 8th day of June, 2005. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX X. XXXXX, XX. Name: Hxxxx X. Xxxxx, Xx. Its: CFO EXECUTED on this the 8th day of June, 2005.

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

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Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has entered into a separate agreement with Developing Equities Group, LLC (“Broker”) for the payment of a commission in the event that this Contract closes and that accordingly Seller will be responsible for the payment of such commission at the time of closing hereunder. Seller hereby represents and warrants to Purchaser that Seller has not contacted contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and or payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVII shall survive the closing. EXECUTED on this the 8th 1st day of JuneMay, 20052006. SELLER: SUMMIT AT WINTER PARK LAND CO., LLC, a Colorado limited liability company By: Developing Equities Group, LLC, Operating Manager By: /S/ XXXXXXX X. XXXXXXXXXX Name: Xxxxxxx X. Xxxxxxxxxx Its: Manager EXECUTED on this the _____ day of _____, 2006. PURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX XXXXX X. XXXXX, XX. Name: Hxxxx Xxxxx X. Xxxxx, Xx. Its: CFO Chief Financial Officer RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED on this the 8th day COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: THE TITLE COMPANY OF THE ROCKIES, INC. By: /S/ XXXXX X. XXXXXX Name: Kajas X. Xxxxxx Its: Vice Presidetn List of June, 2005.Exhibits to Agreement not filed herewith: Exhibit A: Plat

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVI shall survive the closing. EXECUTED on this the 8th 24th day of JuneDecember, 20052002. SELLER: FO SKI RESORTS, LLC, a Massachusetts limited liability company By: /S/ XXXXX X. XXXXXXXX ------------------------------------------- Xxxxx X. Xxxxxxxx, Manager XXXXXX MOUNTAIN SKI RESORTS, INC., a Massachusetts business corporation By: /S/ XXXXX X. XXXXXXXX ------------------------------------------- Xxxxx X. Xxxxxxxx, Manager EXECUTED on this the 2ND day of January, 2003 PURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX XXXXXX X. XXXXX, XX. XXXX ------------------------------------------- Name: Hxxxx Xxxxxx X. Xxxxx, Xx. Xxxx Its: CFO CEO RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED on this the 8th day COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: SAFECO TEXAS By: /S/ XXXX X. XXXXXX -------------------------- Name: Xxxx X. XxXxxx Its: Escrow Officer List of June, 2005.Exhibits attached to Agreement and not filed herewith: Exhibit A - Description of Property Exhibit B - Improvements Conveyed Exhibit C - Personal Property Conveyed

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In Staubach Retail Services Southwest, Ltd. (“Staubach”)represents both Seller and Purchaser. Provided that the event that this Contract closes, but not otherwisesale hereunder does in fact close, Seller agrees to shall pay at closing a real estate brokerage commission to Dxxxx R. Chant Realtors of six percent (“Broker”)6%) of the purchase price, which represents the amount of such total commission being set forth in a separate agreement between payable by Seller and BrokerPurchaser with regard to this transaction. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transactiontransaction other than Staubach, and that Purchaser has not taken any other action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby, except as set forth in the second sentence above. Each Seller hereby indemnifies and agrees to hold Purchaser harmless for any fees or commissions of Staubach, as set forth in the second sentence hereof. Additionally, each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XIX shall survive the closing. EXECUTED on this the 8th 26th day of JuneFebruary, 20052007. SELLER: SILVERLEAF RESORTSDALLAS S&W, INC.L.P., a Texas corporation limited partnership By: /S/ HXXXX X. XXXXXS&W of Dallas LLC, XX. a Delaware limited liability company, its General Partner By: /s/ XXXXXX XXXXXX Name: Hxxxx X. Xxxxx, Xx. Xxxxxx Xxxxxx Its: CFO President EXECUTED on this the 8th 24th day of JuneFebruary, 2005.2007. PURCHASER: Relentless Properties, LLC By: /s/ XXXXXXXX X. XXXXXXX Name: Xxxxxxxx X. Xxxxxxx Its: Agent RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: REPUBLIC TITLE OF TEXAS, INC. By: Name: Its: EXHIBIT “A” Xxx 0, Xxxxx X xx Xxxxxxxx Addition, an addition to the City of Dallas, Collin County, Texas, according to the plat thereof recorded in Volume J, Page 599, Map Records, Collin County, Texas. EXHIBIT “B” Schedule of Excluded Assets

Appears in 1 contract

Samples: Contract of Sale (Smith & Wollensky Restaurant Group Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXII shall survive the closing. EXECUTED on this the 8th 19th day of June, 20052003. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX X. XXXXX/s/ ROBERT E. MEAD ------------------------------------------ Robert E Mead, XX. Name: Hxxxx X. Xxxxx, Xx. Its: CFO Chief Executive Officer EXECUTED on this the 8th day of 00xx xxx xx June, 2005.2003. PURCHASER: /s/ RICHARD W. DICKSON ------------------------------------------------ RICHARD W. DICKSON /s/ ROBERT G. XXXXXX ------------------------------------------------ ROBERT G. GARNER List of Exhibits: Exhibit A Timeshare Inventory Xxxxxxx X Xxxx Property Exhibit C Management Agreements Exhibit D Personal Property Listing Exhibit E Releases and Debt Waivers

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Buyer each represent and warrant to the other that neither Seller represents and warrants to Purchaser that Seller nor Buyer has not contacted or entered into any agreement with any other real estate broker, agent, finder, finder or any other party in connection with this transaction, and that Seller neither party has not taken any action which would result in any other real estate broker’s's, finder’s, 's or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby, except that Seller has contracted with Xxxxxx Xxxxxxxx as its broker and will pay a commission to said broker of $46,000 payable at close of escrow . Purchaser hereby represents Seller further agrees to pay Triple Net Properties Realty a commission of $150,000 at close of escrow and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate brokerpayment of the Purchase Price. All commissions payable, agentat close of escrow and funding of Purchase Price, finder, or any other party in connection with shall be deemed earned and payable upon this transaction, occurrence and that Purchaser has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due or payable to any other party with respect to funded by the transaction contemplated herebytitle company at the close of escrow. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV shall survive the closingParagraph. SIGNATURE PAGE FOR SEQUIN CORNER SHOPPING CENTER EXECUTED on this the 8th 6th day of JuneOctober, 2005. 2000 SELLER: SILVERLEAF RESORTSS-SI SEGUIN, INC.LP, a Texas corporation limited partnership By: /S/ HXXXX X. XXXXXBGRW SEGUIN VENTURE LP, XX. Name: Hxxxx X. Xxxxx, Xx. a Texas limited partnership Its: CFO General Partner By: St. Ives Holdings, LLC, a Texas limited liability company Its: General Partner By: /s/ Xxxxx X. Xxxxxxx --------------------------------------------------------------------- Xxxxx X. Xxxxxxx Title: Vice President EXECUTED on this the 8th 5th day of JuneOctober, 2005.2000 BUYER: T REIT, L.P., a Virginia limited partnership By: TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company By: /s/ Xxxxxxx X. Xxxxxxxx -------------------------------------------------------------- Xxxxxxx X. Xxxxxxxx Title: President NO EXHIBITS ARE ATTACHED

Appears in 1 contract

Samples: Agreement for Purchase and Sale (T Reit Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVII shall survive the closing. EXECUTED on this the 8th 24th day of JuneApril, 20051998. SELLER: BEECH MOUNTAIN LAKES CORPORATION, a Pennsylvania corporation By: /s/ Kennxxx X. Xxxxxxxx --------------------------------------- Name: Kennxxx X. Xxxxxxxx ------------------------------------- Its: Vice President -------------------------------------- PURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX /s/ Robexx X. XXXXX, XX. Xxxx --------------------------------------- Name: Hxxxx Robexx X. Xxxxx, Xx. Xxxx ------------------------------------- Its: CFO CEO -------------------------------------- RECEIPT OF EARNXXX XXXEY AND ONE (1) EXECUTED on this the 8th day of June, 2005.COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: SAFECO LAND TITLE OF DALLAS By: /s/ John Xxxx ---------------------------------- Name: John Xxxx -------------------------------- Its: Vice President-Special Projects --------------------------------- Senior Commercial Closer -------------------------------------

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), in the amount of eight percent (8%) of the purchase price payable hereunder, such commission being set forth in a separate agreement to be divided equally between Seller Compass Realty (Seller's representative) and BrokerGolden West Real Estate, Inc. (Purchaser's Representative). Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV shall survive the closing. EXECUTED on this the 8th 7th day of JuneJuly, 20051997. SELLER: HARMXX/XXXAX XXXITED LIABILITY COMPANY LAGUANA CONSOLIDANTS, LLC By: /s/ ROBEXX XXXXXXXX ---------------------------------- Name: Robexx Xxxxxxxx ---------------------------------- Its: President ---------------------------------- EXECUTED on this the 3rd day of July, 1997. PURCHASER: --------- SILVERLEAF RESORTS, INC., a Texas corporation . By: /S/ HXXXX X. XXXXX, XX. /s/ ROBEXX XXXX ---------------------------------- Name: Hxxxx X. Xxxxx, Xx. Robexx Xxxx -------------------------------- Its: CFO CEO --------------------------------- RECEIPT OF EARNXXX XXXEY AND ONE (1) EXECUTED on this the 8th day of June, 2005.COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: NEVADA TITLE COMPANY By: --------------------------------- Name: -------------------------------- Its: --------------------------------

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission in the amount of eight percent (8%) of the purchase price payable hereunder, such commission to Dxxxx R. Chant be divided equally between Xxxxx Xxxxxxxxxxx of Xxxxx Xxxxx Realtors (“Purchaser Broker”)) and Xxxxxx X. Xxxxx of Re-Max Associated Brokers, Inc. (“Seller Broker”) and to be paid in the amount of such commission being manner set forth in a the separate agreement by and between Seller, Purchaser Broker and Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party finder in connection with this transactiontransaction (other than Seller Broker), and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transactiontransaction (other than Purchaser Broker), and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVI shall survive the closing. EXECUTED on this the 8th day of June, 2005. SELLER: CONTRACT OF SALE - XXXXX XX AND SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX X. XXXXX, XX. Name: Hxxxx X. Xxxxx, Xx. Its: CFO EXECUTED on this the 8th day of June, 2005.-- Page 18 ARTICLE XXVII

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Reece & Nichols Realtors ("Broker"), the amount of such commission being set forth to be in a separate agreement between Seller and Brokerthe amoxxx xf sxxxx xxrcent (7%). Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV shall survive the closing. EXECUTED on this the 8th day of JuneOctober, 20052003. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX X. XXXXX, XX. ROBERT E. MEAD ---------------------------------------- Name: Hxxxx X. Xxxxx, Xx. Robert E. Mead Its: CFO CEO EXECUTED on this the 8th ox xxxx xxx 0xx day of JuneOctober, 2005.2003. PURCHASER: /S/ REED KLINE ---------------------------------------------- REED KLINE RECEIPT OF EARNEST MONEY AND ONE (1) EXECUTED COUNTERPARX XX XXXX CONTRACT IS HEXXXX XXKNOWLEDGED: TITLE COMPANY: THOMSON TITLE COMPANY By: /S/ ROBIN GREENWALD --------------------------- Name: Robin Greenwald Xxx: Xxxxxx Xloser List of Exhibits: Exhibit A--Lexxx Xxxxxxxxxxx

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party finder in connection with this transactiontransaction except for a possible claim by Xxxxxx Xxxxxxx Realty for which Seller shall be responsible, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVIII shall survive the closing. EXECUTED on this the 8th 12 day of JuneFebruary, 20052004. SELLER: XXXX, INC., a Florida corporation By: /s/ XXXXXX X. BOSS ------------------------------- Name: Xxxxxx X. Boss ----------------------------- Title: President ---------------------------- EXECUTED on this the 11 day of February, 2004. PURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation . By: /S/ HXXXX /s/ XXXXXX X. XXXXX, XX. XXXX ------------------------------- Name: Hxxxx Xxxxxx X. Xxxxx, Xx. ItsXxxx ----------------------------- Title: CFO CEO ---------------------------- RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED on this the 8th day COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By:_______________________________ Name:_____________________________ Title:____________________________ List of June, 2005.Exhibits:

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

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Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to and Purchaser shall pay at closing a real estate commission to Dxxxx R. Chant Realtors Century 21 Farixx Xxxlty ("Broker"), such commission to be in the amount of such commission being set forth in a separate agreement four percent (4%) of the purchase price payable hereunder and to be divided equally between Seller and BrokerPurchaser. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVII shall survive the closing. EXECUTED on this the 8th _________ day of JuneApril, 20051998. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX X. XXXXX, XX. Name: Hxxxx X. Xxxxx, Xx. Its: CFO /s/ TERRX XXXXX 0-30-98 ----------------------------------------- TERRX XXXXX EXECUTED on this the 8th 27th day of JuneMarch, 2005.1998. PURCHASER: /s/ GEORXX X. XXXXXX ----------------------------------------- GEORXX X. XXXXXX, XXUSTEE RECEIPT OF EARNXXX XXXEY AND ONE (1) EXECUTED COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: SAFECO LAND TITLE OF DALLAS

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents Buyer each represent and warrants warrant to Purchaser the other that Seller such representing party has not contacted contracted or entered into any agreement with any other real estate broker, agent, finder, finder or any other party in connection with this transaction, and that Seller neither party has not taken any action which would result in any other real estate broker’s, finder’s, ’s or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents , except that: (i) Seller has contracted with Holiday Xxxxxxxx Xxxxxx, X.X. as its sales broker and warrants will pay any sales commission due to Seller that Purchaser has not contracted or entered into any agreement with any other real estate brokersaid broker under a separate agreement, agentif, finderbut only if, or any other party in connection with Closing occurs pursuant to this transactionAgreement, and that Purchaser (ii) Buyer has not taken contracted with Holiday Xxxxxxxx Xxxxxx, X.X. as its loan broker and will pay any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being loan brokerage commission due or payable to any other party with respect to the transaction contemplated herebysaid broker under a separate agreement. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, cost or expense (including reasonable attorneys’ fees) resulting to the other party by reason of a breach of the representation and warranty made by such party hereinin this Section 22. Notwithstanding anything Seller hereby indemnifies and agrees to the contrary contained hereindefend and hold harmless Buyer from any loss, the indemnities liability, damage, cost or expense (including reasonable attorneys’ fees) resulting to Buyer by reason of a breach of Seller’s obligation to pay any sales commission due to Holiday Xxxxxxxx Xxxxxx, X.X. as set forth in this Article XXV Section 22. Buyer hereby indemnifies and agrees to defend and hold harmless Seller from any loss, liability, damage, cost or expense (including reasonable attorneys’ fees) resulting to Seller by reason of a breach of Buyer’s obligation to pay any loan brokerage commission due to Holiday Xxxxxxxx Xxxxxx, X.X. as set forth in this Section 22. The provisions of this Section 22 shall survive the closing. EXECUTED on this the 8th day of June, 2005. SELLER: SILVERLEAF RESORTS, INCClosing., a Texas corporation By: /S/ HXXXX X. XXXXX, XX. Name: Hxxxx X. Xxxxx, Xx. Its: CFO EXECUTED on this the 8th day of June, 2005.

Appears in 1 contract

Samples: Agreement for Purchase and Sale of Real Property and Escrow Instructions (NNN 2003 Value Fund LLC)

Real Estate Commission. In Provided that the event that this Contract closes, but not otherwisesale hereunder does in fact close, Seller agrees shall pay a brokerage commission (i) equal to pay at closing a real estate commission 2% of the purchase price to Dxxxx R. Chant Realtors The Weitzman Group (“BrokerWeitzman”), the amount of such commission being set forth in as Seller’s agents, pursuant to a separate written agreement between Seller and BrokerWeitzman, and (ii) equal to 2% of the purchase price to Staubach Retail Services, Ltd. (“Staubach”), as Purchaser’s agents. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any other agreement with any other real estate broker, agent, finder, or any other party in connection with this transactiontransaction other than Staubach, and that Purchaser has not taken any other action which would result in any other real estate broker’s, finder’s, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each Seller hereby indemnifies and agrees to hold Purchaser harmless for any fees or commissions of Weitzman and Staubach. Additionally, each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XX shall survive the closing. EXECUTED on this the 8th nineteenth day of JuneJuly, 20052002. SELLER: SILVERLEAF RESORTSTOLLROAD TEXAS LAND CO., L.P., a Texas limited partnership By: Tollway Land Company LLC , a Washington LLC , its General Partner By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Its: Manager TOLLWAY 76, L.P., a Washington limited partnership By: RAM International GP, LLC , a Washington LLC , its General Partner By: /s/ Xxxxxxx X. Xxxxxxx Xx. Name: Xxxxxxx X. Xxxxxxx Xx. Its: Manager EXECUTED on this the nineteenth day of July, 2002. PURCHASER: THE XXXXX & WOLLENSKY RESTAURANT GROUP, INC., a Texas Delaware corporation By: /S/ HXXXX /s/ Xxxxx X. XXXXX, XX. Xxxx Name: Hxxxx Xxxxx X. Xxxxx, Xx. Xxxx Its: CFO President RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED on this COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: REPUBLIC TITLE OF TEXAS, INC. By: Name: Its: EXHIBIT “A” Xxx 0, Xxxxx X xx Xxxxxxxx Addition, an addition to the 8th day City of JuneDallas, 2005.Collin County, Texas, according to the plat thereof recorded in Volume J, Page 599, Map Records, Collin County, Texas. EXHIBIT “B”

Appears in 1 contract

Samples: Contract of Sale (Smith & Wollensky Restaurant Group Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), in the amount of six percent (6%) of the purchase price payable hereunder, such commission being set forth in to be paid to Cino International, Inc., a separate agreement between Seller and BrokerFlorida corporation. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party finder in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVII shall survive the closing. EXECUTED on this the 8th 5th day of July, 2005. SELLER: /S/ XXX XXXX, TRUSTEE Xxx Xxxx, Trustee EXECUTED on this the 23 day of June, 2005. SELLERPURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation . By: /S/ HXXXX XXXXXX X. XXXXX, XX. XXXX Name: Hxxxx Xxxxxx X. Xxxxx, Xx. Xxxx Its: CFO CEO RECEIPT OF XXXXXXX MONEY AND ONE (1) EXECUTED on this the 8th day of June, 2005.COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY By: /S/ XXXXXXXX X. XXXXXXXXX Name: Xxxxxxxx X. Vorriveau Its: VP Exhibits to Agreement not filed herewith: Exhibit A: Property Description

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”)Jakkx Xxxxxxxxxx, xxch commission to be in the amount of such commission being set forth in a separate agreement between Seller and Brokersix percent (6%) of the purchase price payable hereunder. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVII shall survive the closing. EXECUTED on this the 8th 12th day of JuneAugust, 20051998. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation GREAT ATLANTIC PROPERTIES CORPORATION By: /S/ HXXXX /s/ LOUIX X. XXXXX, XX. XXXXXXX ---------------------------------------- Name: Hxxxx Louix X. XxxxxXxxxxxx, Xx. -------------------------------------- Its: CFO President --------------------------------------- EXECUTED on this the 8th 16th day of JuneJuly, 2005.1998. PURCHASER: /s/ GEORXX X. XXXXXX ------------------------------------------- Georxx X. Xxxxxx, Xxustee RECEIPT OF EARNXXX XXXEY AND ONE (1) EXECUTED COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: SAFECO LAND TITLE OF DALLAS

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), the amount of such commission being set forth in a separate agreement between Seller and Broker. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV shall survive the closing. EXECUTED on this the 8th 12th day of JuneJanuary, 20051998. SELLER: CROWN RESORT CO. LLC, a Delaware limited liability company By: /s/ RICHXXX X. XXXXXXX ----------------------------------- Name: Richxxx X. Xxxxxxx ----------------------------------- Its: Member ------------------------------------ /s/ RICHXXX X. XXXXXXX ------------------------------------------- RICHXXX X. XXXXXXX /S/ ROBEXX X. XXXXXX ------------------------------------------- ROBEXX X. XXXXXX EXECUTED on this the 12th day of January, 1998. PURCHASER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX /s/ ROBEXX X. XXXXXXXXX ---------------------------------------- Robexx X. Xxxx, XX. Xxief Executive Officer TITLE COMPANY: SAFECO LAND TITLE OF DALLAS By: /s/ BOBBXX XXXXX --------------------------------- Name: Hxxxx X. Xxxxx, Xx. BOBBXX XXXXX ---------------------------- Its: CFO EXECUTED on Vice President ----------------------------- LIST OF EXHIBITS TO EXHIBIT 10.36 Exhibit A Vacation Interval Inventory Exhibit B Management Agreement List Exhibit C Resort Group Inventory Exhibit D Allocation of Purchase Price Exhibit E Employment Agreement for Richxxx X. Xxxxxxx Exhibit F Employment Agreement for Robexx X. Xxxxxx The above-listed exhibits are omitted from this filing. Registrant agrees to furnish supplementally a copy of any omitted exhibit to the 8th day of June, 2005Commission upon request.

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

Real Estate Commission. In the event that this Contract closes, but not otherwise, Seller agrees to pay at closing a real estate commission to Dxxxx R. Chant Realtors (“Broker”), in the amount of three percent (3%) of the purchase price, such commission being set forth in a separate agreement between Seller and Brokerto be paid to Pirtxx Xxxl Estate Services. Seller represents and warrants to Purchaser that Seller has not contacted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Seller has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due and payable to any other party with respect to the transaction contemplated hereby. Purchaser hereby represents and warrants to Seller that Purchaser has not contracted or entered into any agreement with any other real estate broker, agent, finder, or any other party in connection with this transaction, and that Purchaser has not taken any action which would result in any other real estate broker’s's, finder’s's, or other fees or commissions being due or payable to any other party with respect to the transaction contemplated hereby. Each party hereby indemnifies and agrees to hold the other party harmless from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) resulting to the other party by reason of a breach of the representation and warranty made by such party herein. Notwithstanding anything to the contrary contained herein, the indemnities set forth in this Article XXV XXVI shall survive the closing. EXECUTED on this the 8th 5th day of JuneAugust, 20051998. SELLER: SILVERLEAF RESORTS, INC., a Texas corporation By: /S/ HXXXX /s/ DAVIX X. XXXXX, XX. Name: Hxxxx XXXXXX ----------------------------------------- Davix X. Xxxxx, Xx. Its: CFO Xxxxxx /s/ JANE X. XXXXXX ----------------------------------------- Jane X. Xxxxxx EXECUTED on this the 8th 1st day of JuneAugust, 2005.1998. PURCHASER: /s/ GEORXX X. XXXXXX, XXQ. ----------------------------------------- Georxx X. Xxxxxx, Xxq. RECEIPT OF EARNXXX XXXEY AND ONE (1) EXECUTED COUNTERPART OF THIS CONTRACT IS HEREBY ACKNOWLEDGED: TITLE COMPANY: SAFECO LAND TITLE OF DALLAS

Appears in 1 contract

Samples: Contract of Sale (Silverleaf Resorts Inc)

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