Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Except as stated in this Section, neither Seller nor Purchaser has contacted any real estate broker, finder, or similar person in connection with the transaction contemplated hereby and that neither party is obligated to pay any brokerage fee or commission in connection with this sale. Seller agrees to pay CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ (“Seller’s Broker”) upon the closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount specified in a separate listing agreement between Seller and Seller’s Broker. Seller acknowledges that Purchaser may be represented by a real estate broker in connection with this transaction (“Purchaser’s Broker”), and that any broker representing Purchaser will be compensated solely by the Purchaser. Seller’s acknowledgment as herein provided does not, however, create any privity of contract between Seller and any Purchaser’s Broker, and Seller has no obligations, either express or implied, to any Purchaser’s Broker. To the actual knowledge of Seller and of Purchaser, except as provided in the immediately preceding paragraph, no brokerage fees other than due to Seller’s Broker, have been paid or are due and owing to any person or entity by the Seller and the Purchaser. Seller and Purchaser, each hereby agrees to indemnify and hold harmless the other from and against any and all claims for brokerage fees due to any party other than Seller’s Broker or similar charges with respect to this transaction, arising by, through or under the indemnifying party, and each further agrees to indemnify and hold harmless the other from any loss or damage resulting from an inaccuracy in the representations contained in this Section 11.2. This indemnification agreement of the parties shall survive the Closing.

Real Estate Commissions. Except as stated in this Section, neither Seller nor Purchaser has contacted any real estate broker, finder, or similar person in connection with shall pay to the transaction contemplated hereby and that neither party is obligated to pay any brokerage fee or commission in connection with this sale. Seller agrees to pay CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ (“Seller’s Broker”) Agent upon the closing Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount specified agreed on in a separate listing agreement between Seller and Seller’s BrokerAgent. 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, failure of title or default by Seller acknowledges that or Purchaser may or termination of this Agreement pursuant to the terms hereof, then such commission will be represented by a real estate deemed not to have been earned and shall not be due or payable. Except as set forth above with respect to Agent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's behalf in connection with this transaction (“Purchaser’s Broker”), the sale and that purchase hereunder and neither Seller nor Purchaser has dealt with any broker representing or finder purporting to act on behalf of any other party. Purchaser will be compensated solely by the Purchaser. Seller’s acknowledgment as herein provided does not, however, create any privity of contract between Seller and any Purchaser’s Broker, and Seller has no obligations, either express or implied, to any Purchaser’s Broker. To the actual knowledge of Seller and of Purchaser, except as provided in the immediately preceding paragraph, no brokerage fees other than due to Seller’s Broker, have been paid or are due and owing to any person or entity by the Seller and the Purchaser. Seller and Purchaser, each hereby agrees to indemnify and hold harmless the other Seller from and against any and all claims for brokerage fees due 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 party other than Seller’s Broker broker or similar charges finder in connection with respect to this transaction, arising by, through Agreement or under the indemnifying party, and each further transaction contemplated hereby. Seller agrees to indemnify and hold harmless the other Purchaser from and against any and all claims, losses, damages, costs or expenses of any kind or character arising out of or resulting from any loss agreement, arrangement or damage resulting from an inaccuracy understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder in connection with this Agreement or the representations transaction contemplated hereby. Notwithstanding anything to the contrary contained in herein, this Section 11.2. This indemnification agreement of the parties 10.2 shall survive the ClosingClosing or any earlier termination of this Agreement.

Real Estate Commissions. Except as stated in this Section, neither (a) Seller nor and Purchaser has contacted any real estate broker, finder, or similar person in connection acknowledge and agree that the only brokers who have been involved with the transaction contemplated hereby origination and that neither party is obligated to pay any brokerage fee or commission in connection with negotiation of this sale. Seller agrees to pay CB Agreement are ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇.▇. and ▇▇▇▇▇ ▇▇▇▇▇ (collectively, the “Seller’s Broker”) upon the closing of the transaction contemplated hereby). If, as, and when this Agreement closes and Seller receives the Purchase Price in good funds, but not otherwise, a cash commission in the amount specified in a separate listing agreement between Seller and Seller’s Broker. Seller acknowledges that Purchaser may be represented by agrees to pay a real estate broker sales commission to Broker in connection accordance with this transaction the terms and provisions of a separate agreement. (“Purchaser’s Broker”), and that any broker representing Purchaser b) The above referenced real estate sales commissions will be compensated solely deemed earned only if and when the Closing occurs under this Agreement. If this Agreement fails to close for any reason, including a breach by either Party, Seller shall have no obligation to pay to Broker the Purchaserabove referenced real estate sales commissions or any other compensation, costs, expenses, fees or other sums of any kind or nature. Seller’s acknowledgment as herein provided does notWithout limitation on the generality of the foregoing, however, create it is expressly agreed and understood that the Broker will not be entitled to any privity of contract between real estate sales commissions if the Parties agree to rescind or terminate this Agreement. (c) Seller and any Purchaser’s BrokerPurchaser each represents and warrants to the other that, and Seller has no obligations, either express or implied, to any Purchaser’s Broker. To the actual knowledge of Seller and of Purchaser, except as provided in the immediately preceding paragraph, no brokerage fees other than due the real estate sales commissions payable to Seller’s Brokerthe Broker as specified hereinabove, have been paid or there are due and owing no real estate sales commissions payable to any person or entity in connection with the transaction evidenced by the Seller and the Purchaserthis Agreement. Seller and PurchaserPurchaser agree to hold harmless, defend, and indemnify each hereby agrees to indemnify and hold harmless the other from and against any and all claims, suits, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) resulting from any claims made by any broker, agent, finder, or salesman for brokerage fees due any real estate sales commission or other compensation, reimbursement or payment of any kind or nature which is alleged to any be owed based upon an agreement with the indemnifying party. (d) The Broker is not a party other than Seller’s Broker or similar charges with respect to this transaction, arising Agreement. This Agreement may be amended or terminated without notice to or the consent of the Broker. The absence of Broker’s signatures shall not in any way affect the validity of this Agreement or any amendment to this Agreement. (e) Purchaser understands and hereby acknowledges that neither the Broker nor any agents operating by, through or under the indemnifying partyBroker has any authority to bind Seller to any warranties or representations regarding the Property, and each further agrees acknowledges that Purchaser has not relied upon any warranties or representations of the Broker or any agents operating by, through or under the Broker in Purchaser’s decision to indemnify and hold harmless purchase the other from any loss or damage resulting from an inaccuracy in Property. (f) The obligations of the representations Parties contained in this Section 11.2. This indemnification agreement of the parties 11.01 shall survive the ClosingClosing or any termination of this Agreement.

Real Estate Commissions. Except as stated in this Section, neither Seller nor covenants and represents to Purchaser has contacted any real estate broker, finder, or similar person in connection with the transaction contemplated hereby that except for N/S Associates and that neither party is obligated to pay any brokerage fee or commission in connection with this sale. Seller agrees to pay CB ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (“"Seller’s Broker”) upon the closing of the transaction contemplated hereby's Brokers"), and not otherwiseno brokers are claiming by, a cash commission in the amount specified in a separate listing agreement between through or under Seller and Seller’s Broker. Seller acknowledges that Purchaser may none are entitled to be represented by paid a real estate broker finder's fee, cooperation fee, commission or other brokerage-type fee or similar compensation in connection with this transaction Agreement and the transactions contemplated hereby (“Purchaser’s Broker”"Brokerage Compensation"), and that Seller has not had any broker representing dealings or agreements with any other individual or entity in connection therewith. Purchaser will covenants and represents to Seller that except for ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Realtors and ▇▇. ▇▇▇▇▇▇▇ ▇. Dixon ("Buyer's Brokers") no brokers are claiming by, through or under Purchaser and none are entitled to be compensated solely by the Purchaser. Seller’s acknowledgment as herein provided does not, however, create any privity of contract between Seller and any Purchaser’s paid Broker's Compensation, and Seller that Purchaser has no obligations, either express not had any dealings or implied, to agreements with any Purchaser’s Brokerother individual or entity in connection therewith. To the actual knowledge of Seller and of Purchaser, except as provided in the immediately preceding paragraph, no brokerage fees other than due to Seller’s Broker, have been paid or are due and owing to If any person or entity by other than the Seller's Broker or Buyer's Brokers shall assert a claim to such a fee or compensation against either Seller and or Purchaser on account of alleged employment as a finder, consultant or broker, then the Purchaser. Seller and Purchaserparty to this Agreement by, each hereby agrees to indemnify through or under whom the person or entity claims such employment shall indemnify, defend and hold harmless the other party against and from and against any and all such claims for brokerage fees due and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought thereon. Seller's Broker and Buyer's Brokers agree that, without the prior written consent of Seller and Purchaser, they will not make or permit to any party other than Seller’s Broker be made, or similar charges with respect to this transaction, arising permit those acting by, through or under the indemnifying partythem to make, and each further agrees any press release, tombstone or other advertisement or other announcement, or disseminate any information to indemnify and hold harmless the other from any loss or damage resulting from an inaccuracy in the representations third parties, relative to this transaction. The agreement contained in this Section 11.2. This indemnification agreement of the parties Paragraph shall survive the ClosingClosing or the earlier termination hereof. The Brokerage Compensation shall be paid at the Closing as follows: One Hundred Fifty Thousand Dollars ($150,000) to N/S Associates, One Hundred Thousand ($100,000) to ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, One Hundred Thousand Dollars ($100,000) to ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ Realtors (▇▇▇ ▇▇▇▇▇▇), and One Hundred Thousand Dollars ($100,000) to ▇▇. ▇▇▇▇▇▇▇ ▇. Dixon.