Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and 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 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 alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.), Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

AutoNDA by SimpleDocs

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Self Storage Investment Services, Inc. ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.), Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.), Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant Seller shall pay to a separate written agreementApartment Realty Advisors, Seller has agreed to pay Marcus and Millichap Inc. ("Broker"hereinafter called “Agent” whether one or more) a real estate commission upon consummation 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 AgreementAgreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except for as set forth above with respect to Agent and Agent’s authorization by Seller's agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 ’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 Seller's their 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (America First Apartment Investors Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any partySeller's or Purchaser'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 indemnify, defend 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, 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 Xxxxxx agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Xxxxx Lang LaSalle ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap NGKF Capital Markets ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Jxxxx Xxxxxx of Marcus and & Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Argus Self Storage Sales Network ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, Seller and Purchaser hereby represent and warrant to each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’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 and hold Seller 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold Purchaser 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust II, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Xxxxxx Realty Group, Inc. ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and & Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation Upon the Closing of the transaction contemplated by 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 for Seller's agreement with Brokeras set forth above, neither Seller nor Purchaser has authorized any broker or finder to act on any partySeller or Purchaser's behalf in connection with the sale and purchase purchaser hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify indemnify, defend 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, 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 the Brokers. Seller agrees to indemnify indemnify, defend 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 arrangements or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Brokerthe Brokers. Notwithstanding anything to the contrary contained herein, this Section 9.2 SECTION 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Real Estate Commissions. Pursuant Seller shall pay to Colliers Investment Services Group (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate written agreement, agreement between Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this AgreementAgent. Except for Seller's agreement with BrokerAgent, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’s or Seller’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify 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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NNN 2003 Value Fund LLC)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Quantum Property Advisors ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant Seller shall pay to a separate written agreementARA, Seller has agreed to pay Marcus and Millichap through its agent, Xxxxx Xxxx ("hereinafter called “Broker"” whether one or more) a real estate commission upon consummation 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 Broker. 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 AgreementAgreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except for Seller's agreement as set forth above with respect to Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 10.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap NAI Horizon ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller Purchaser has agreed to pay Marcus and Millichap Argus Self Storage ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's Purchaser’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Xxxxx Xxxxxx at JLL Capital Markets ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, Seller and Purchaser hereby represent and warrant to each other that neither Seller nor Purchaser such party has authorized any broker or finder to act on any such party's ’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 and hold Seller 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold Purchaser 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Charmel Storage Capital ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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, except for CBRE (“Agent”), who represents Seller. Seller shall pay Agent any commissions due Agent on the Closing Date. 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 ’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 (including but not limited to reasonable attorneys’ fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with Agent and/or any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Preferred Apartment Communities Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Investment Real Estate, LLC ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

Real Estate Commissions. Pursuant Seller shall pay to ARA, a Newmark Company (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate written agreement, agreement between Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this AgreementAgent. Except for Seller's agreement with BrokerAgent, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’s or Seller’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify 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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT II, Inc.)

AutoNDA by SimpleDocs

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and & Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant Seller shall pay to a separate written agreement, Seller has agreed to pay Marcus and Millichap First Property Realty Corporation (hereinafter called "Broker"Agent" whether one or more) a real estate commission upon consummation the Closing of the transaction contemplated by 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 payable unless and until the transaction contemplated hereby is closed in accordance with the terms of this Agreement; if such transaction is not closed for any reason including, without limitation, termination of this Agreement pursuant to the terms hereof, then such commission shall be deemed not to have been earned and shall not be due or payable. Except for Seller's agreement as set forth above with Brokerrespect to Agent, 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 indemnify, hold harmless and defend 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 indemnify, hold harmless and defend 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 alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Joint Escrow Instructions (Arden Realty Inc)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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, except for ARA, A Newmark Company (“Agent”), who represents Seller. Seller shall pay Agent any commissions due Agent on the Closing Date. 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 ’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 on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Steadfast Apartment REIT III, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’s or Seller’s behalf in connection with the sale and purchase hereunder other than Rxxxx Xxxx of CB Rxxxxxx Xxxxx (“Broker”), and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any the other partyparty other than Broker. If and only if the Closing occurs, Seller shall pay Broker a real estate commission in accordance with a separate written listing agreement. Purchaser agrees to indemnify 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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction transactions 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.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Hines Real Estate Investment Trust Inc)

Real Estate Commissions. Pursuant Seller shall pay to CB Rxxxxxx Xxxxx, Inc. (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate written agreement, agreement between Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this AgreementAgent. Except for Seller's agreement with BrokerAgent, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’s or Seller’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify 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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Columbia Equity Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap XX Xxxxx, LLC ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement. Xxxxxx X. Xxxxxxxx Xx., a principal of Seller, is licensed by the Nevada Real Estate Division-State of Nevada as a real estate broker and is the broker of record, and owner, of First Federal Realty XxXxxxxx, LLC.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Quantum Property Advisors ("Broker") a real estate commission upon consummation of if and only if the transaction contemplated by this AgreementAgreement is successfully consummated. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust VI, Inc.)

Real Estate Commissions. Pursuant Seller shall pay to a separate written agreementARA, Seller has agreed to pay Marcus and Millichap through its agent, Xxxxx Xxxx ("hereinafter called “Broker"” whether one or more) a real estate commission upon consummation 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 Broker. 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 AgreementAgreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Except for Seller's agreement as set forth above with respect to Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 10.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Resource Apartment REIT III, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus (i) Xxxx Xxxxxx Co. (herein, "Xxxxxx") a commission in amount equal to two percent (2%) of the Purchase Price, and Millichap (ii) Xxxxx Xxxx of Xxxx Real Estate (herein, "Xxxx", and together with Xxxxxx herein collectively called "Broker") a commission in amount equal to two percent (2%) of the Purchase Price, such real estate commission commissions being payable upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, 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 alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap MJ Partners Self Storage Group ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 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 ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend 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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Trust IV, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap Progressive Realty Partners, Inc., a California corporation ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's ’s agreement with Broker, neither Seller nor Purchaser has authorized any broker or finder to act on any party's ’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 and hold harmless Seller 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 agreement, arrangement or understanding alleged to have been made by Purchaser or on Purchaser's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby. Seller agrees to indemnify indemnify, defend and hold harmless 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 agreement, arrangement or understanding alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Strategic Storage Growth Trust, Inc.)

Real Estate Commissions. Pursuant to a separate written agreement, Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this Agreement. Except for Seller's agreement with Broker, neither Neither Seller nor Purchaser has authorized any broker or finder to act on any partySeller's or Purchaser'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 alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 SECTION 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Tyler Technologies Inc)

Real Estate Commissions. Pursuant Seller shall pay to CB Xxxxxxx Xxxxx, Inc. of Virginia, Inc. (hereinafter called “Agent”) a commission in the amount agreed on, if and when payable in accordance with the terms of a separate written agreement, agreement between Seller has agreed to pay Marcus and Millichap ("Broker") a real estate commission upon consummation of the transaction contemplated by this AgreementAgent. Except for Seller's agreement with BrokerAgent, neither Seller nor Purchaser has authorized any broker or finder to act on any party's Purchaser’s or Seller’s behalf in connection with the sale and purchase hereunder and neither Seller nor Purchaser has dealt with any broker or finder purporting to act on behalf of any other party. Purchaser agrees to indemnify 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 ’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 alleged to have been made by Seller or on Seller's ’s behalf with any broker or finder in connection with this Agreement or the transaction contemplated hereby, including Broker. Notwithstanding anything to the contrary contained herein, this Section 9.2 11.2 shall survive the Closing or any earlier termination of this Agreement.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.