Common use of Real Estate Commissions Clause in Contracts

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) upon 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 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, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) upon 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 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, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 350,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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 costs, or expenses of any kind or character arising out of or resulting from any agreement, arrangement 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company CB Commercial Real Estate, Inc. (hereinafter called "Agent" whether one or more) upon 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 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, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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 claims, losses, damages, liabilities, 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 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 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company Xxxxxxxxxx Advisors (hereinafter called "AgentAGENT" whether one or more) upon 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 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 AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section SECTION 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company Xxxxxxxxxx Advisors, LLC (hereinafter called "AgentAGENT" whether one or more) upon 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 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 AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section SECTION 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall and Purchaser represent and warrant to each other that they have dealt with no broker, finder or similar agent in connection with the transaction provided for in this Contract, except Xxxxx X. Xxxxxxxx Co. and Xxxx Xxxx Agency, Inc. (collectively called the "Brokers") to which Seller agrees to pay to The Xxxxxxxx Xxxx ----------------------- Company a commission of six percent (hereinafter called "Agent" whether one or more6%) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission total purchase price (to be divided equally between the Brokers) in the amount agreed on event and only in a separate listing agreement between Seller and Agent. Said commission shall in no the event be payable unless and until the transaction contemplated hereby this sale is closed in accordance with the terms and provisions of this Agreement; if such transaction is not closed Contract and Seller receives the total purchase price provided for any reason, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such in paragraph 2 herein. This commission will be deemed not full payment to have been earned the Brokers and shall not be due to any persons claiming through or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realtyunder the Brokers, neither Seller nor Purchaser has authorized any broker for all services rendered, commissions earned, or finder to act on Purchaser's behalf expenses incurred in connection with the negotiations, transfer, sale and/or conveyance of the Property; and, if requested by Seller, the Brokers agree to execute and purchase hereunder deliver to Seller at the Closing a full and neither complete release of any claims and demands which may arise from any such negotiations, transfer, sale and/or conveyance. Furthermore, the Brokers agree to indemnify and hold Seller nor and Purchaser has harmless from and against any claims for commission or other fees made by any person if that person is claiming to have dealt with the Brokers in connection with this transaction, including reasonable attorney's fees incurred in connection with the defense of such a claim. Seller agrees to hold Purchaser harmless from and against any broker or finder purporting claim made by any person claiming to act on behalf have dealt with Seller in connection with this transaction, including reasonable attorney's fees incurred in the defense of any other partysuch a claim. Purchaser agrees to indemnify and hold Seller harmless Seller from and against any and all claims, losses, damages, costs or expenses of claim made by any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged person claiming to have been made by dealt with Purchaser or on Purchaser's behalf with any broker or finder in connection with this Agreement or transaction, including reasonable attorney's fees incurred in the transaction contemplated hereby. Seller agrees to indemnify and hold harmless Purchaser from and against any and all claims, losses, damages, costs or expenses defense 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 herebysuch a claim. Purchaser acknowledges that, in accordance with that it has been advised by the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser Brokers that Purchaser it should have the an abstract covering the Real Property examined by an attorney of Purchaser's its selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) upon 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 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, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 250,000.00 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ ------------- Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) upon If, and only if, the Closing sale of the transaction contemplated hereby, Property shall be completed 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 , at Closing, Seller shall pay The Apartment Group (hereinafter called "Seller's Broker") a commission of $217,500.00 based on the Purchase Price of $9,000,000. Seller covenants and represents to Purchaser that Seller's Broker is the only party claiming by, through or under Seller entitled to be paid a finder's fee, cooperation fee, commission or other brokerage-type fee or similar compensation in connection with this Agreement and the transactions contemplated hereby ("Brokerage Compensation"),and that Seller has not had any dealings or agreements with any other individual or entity in connection therewith. Purchaser covenant and represents to Seller that Seller's Broker is the only party with whom Purchaser has dealt and there is no other party entitled to be paid Broker's Compensation, and that Purchaser has not had any dealings or agreements with any other individual or entitiy in connection therewith. If any person or entity other than Seller's Broker shall assert a claim to such transaction is not closed for a fee or compensation against either Seller or Purchaser on account of alleged employment as a finder, consultant or broker, then the party to this Agreement by, through or under whom the person or entity claims such employment shall indemnify, defend and hold harmless the other party against and from any reasonand all such claims and all costs, expenses and liabilities incurred in connection with such claim or any action or proceeding brought thereon, including, without limitation, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payableattorneys' fees. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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 Broker agrees that without the prior written consent of Seller and Purchaser, Seller's Broker they will not make or finder in connection with this Agreement or the transaction contemplated hereby. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selectionpermit to be made, or that Purchaser should be furnished with permit those acting by, through or obtain a policy of title insurance. Notwithstanding anything under them to the contrary contained hereinmake, any press release, tombstone or other advertisement or other announcement, or disseminate any information to third parties, relative to this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreementtransaction.

Real Estate Commissions. Seller and Parent, each warrant and represent that it has not dealt with any real estate broker, dealer or salesman in connection with the transactions contemplated herein, and that there are and shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one be no brokerage fees, commissions, or more) upon other remuneration of any kind arising from the execution of this Agreement or the Closing of the transaction Contemplated Transactions or arising from the Lease Agreement or the transactions contemplated herebythereby, and not otherwise, as a cash commission in the amount agreed on in a separate listing agreement between result of Seller's actions. Seller and Agent. Said commission Parent, each shall forever jointly and severally indemnify and hold harmless Purchaser or FTI against and in no event be payable unless respect of any and until the transaction contemplated hereby is closed in accordance with the terms of this Agreement; if such transaction is not closed for any reasonall Claims, including, without limitation, failure of title or default reasonable attorneys' fees and court costs, incurred by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized resulting from any Claim by any broker or finder to act agent or other person on 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 basis of any other party. Purchaser agrees to indemnify and hold harmless Seller from and against any and all claims, losses, damages, costs arrangements or expenses of any kind agreements made 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 of Seller in respect to the transactions herein contemplated. Purchaser warrants and represents that it has not dealt with any broker real estate other broker, dealer or finder salesman in connection with the transactions contemplated herein, and that there are and shall be no brokerage fees, commissions, or other remuneration of any kind arising from the execution of this Agreement or the transaction contemplated herebyClosing of the Contemplated Transactions as a result of Purchaser's actions. Seller agrees to Purchaser shall forever indemnify and hold harmless Purchaser from Seller and Parent, each against and in respect of any and all claimsClaims, lossesincluding, damageswithout limitation, costs reasonable attorney's fees and court costs, incurred by Seller or expenses of any kind or character arising out of or Parent resulting from any agreementClaim asserted against Seller or Parent by any agent, broker or other person on the basis of any arrangement or understanding agreements made or alleged to have been be made by Seller or on Seller's behalf with any broker or finder of Purchaser in connection with this Agreement or the transaction contemplated hereby. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything respect to the contrary contained herein, transactions herein contemplated. The provisions of this Section 10.2 Article X shall survive the Closing or any earlier termination of this ------------ AgreementDate.

Real Estate Commissions. Seller shall pay covenants and represents to The Xxxxxxxx Xxxx ----------------------- Company Purchaser that except for N/S Associates and Xxxxxxx XxXxxxxxxx (hereinafter called "Agent" whether one Seller's Brokers"), no brokers are claiming by, through or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash commission in the amount agreed on in a separate listing agreement between under Seller and Agent. Said none are entitled to be paid a finder's fee, cooperation fee, 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 other brokerage-type fee or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on 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 similar compensation in connection with this Agreement and the transactions contemplated hereby ("Brokerage Compensation"), and that Seller has not had any dealings or agreements with any other individual or entity in connection therewith. Purchaser covenants and represents to Seller that except for Xxxx Xxxxx Xxxxx Realtors and Xx. Xxxxxxx X. Dixon ("Buyer's Brokers") no brokers are claiming by, through or under Purchaser and none are entitled to be paid Broker's Compensation, and that Purchaser has not had any dealings or agreements with any other individual or entity in connection therewith. If any person or entity other than the transaction contemplated hereby. Seller's Broker or Buyer's Brokers shall assert a claim to such a fee or compensation against either Seller agrees or Purchaser on account of alleged employment as a finder, consultant or broker, then the party to indemnify this Agreement by, through or under whom the person or entity claims such employment shall indemnify, defend and hold harmless Purchaser the other party against and from and against any and all claimssuch claims and all costs, 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 and liabilities incurred in connection with this Agreement such claim or the transaction contemplated herebyany action or proceeding brought thereon. Purchaser acknowledges Seller's Broker and Buyer's Brokers agree that, in accordance with without the terms prior written consent of the Real Estate License Act of the State of TexasSeller and Purchaser, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selectionthey will not make or permit to be made, or that Purchaser should be furnished with permit those acting by, through or obtain a policy of title insuranceunder them to make, any press release, tombstone or other advertisement or other announcement, or disseminate any information to third parties, relative to this transaction. Notwithstanding anything to the contrary The agreement contained herein, in this Section 10.2 Paragraph shall survive the Closing or any the earlier termination of this ------------ Agreementhereof. 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 Xxxxxxx XxXxxxxxxx, One Hundred Thousand Dollars ($100,000) to Xxxx Xxxxx Xxxxx Realtors (Xxx Xxxxxx), and One Hundred Thousand Dollars ($100,000) to Xx. Xxxxxxx X. Dixon.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company CB Xxxxxxx Xxxxx, Inc. (hereinafter called "AgentAGENT" whether one or more) upon 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 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 AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section SECTION 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company CB Commercial (hereinafter called "Agent" whether one or more) upon 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 Agent. Purchaser shall pay to Xxxx Schelpfeffer ("Schelpfeffer") upon the Closing of the transaction contemplated hereby, and not otherwise a cash commission in the amount agreed on in a separate listing agreement between Purchaser and Schelpfeffer. 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 or of Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtySchelpfeffer, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 8.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company CB Xxxxxxx Xxxxx, Inc. (hereinafter called "“Agent" ” whether one or more) upon 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 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 AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser'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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) the Agent upon 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 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, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall has agreed to pay to The Xxxxxxxx Xxxx ----------------------- Company (hereinafter called "Agent" whether one or more) upon the Closing of the transaction contemplated hereby, and not otherwise, a cash brokerage 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 of four percent (4%) of the transaction contemplated hereby is closed in accordance with the terms of this Agreement; if such transaction is not closed for any reasonTotal Purchase Price to Gruxx & Ellxx Xxmpany, includinglocated at 1330 Xxxx Xxx Xxxxxxxxx, without limitationXxxxx 0000, failure of title or default by Seller or Purchaser or termination of this Agreement pursuant to the terms hereofXxxxxxx, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net Realty, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser's behalf Xxxxx 00000 xx Closing in connection with the sale and purchase hereunder contemplated herein. Gruxx & Ellxx xxall pay at Closing a referral fee in the amount of one percent (1%) of the Total Purchase Price to be divided evenly between Dan Xxxxxx xx NAI Partners Commercial and neither Merxxxxx Xxxxx xx Infincon Advisory Services. In addition, Seller nor Purchaser has dealt with shall be solely responsible for and does hereby agree to pay any broker and all other brokerage fees, commissions, or finder purporting other remuneration of any kind arising from the execution of this Agreement or the Closing of the purchase and sale contemplated hereby which are payable to act Seller's brokers or any other Person claiming on the basis of any arrangement or agreements made or alleged to be made by or on behalf of any other partySeller in respect to the transactions herein contemplated. Purchaser agrees to Seller shall forever indemnify and hold harmless Seller from Purchaser against and against in respect of any and all claims, losses, damagesliabilities and expenses, costs or expenses including, without limitation, attorney's fees and court costs, which Purchaser may incur on account of any kind claim by any broker or character arising out agent or other Person (including, without limitation, Gruxx & Ellxx Xxmpany, and any individual broker associated therewith) on the basis of any arrangements or resulting from any agreement, arrangement agreements made or understanding alleged to have been made by Purchaser or on Purchaser's behalf with any broker or finder of Seller in connection with this Agreement or respect to the transaction contemplated herebytransactions herein contemplated. Seller agrees to Similarly, Purchaser shall forever indemnify and hold harmless Purchaser from Seller against and against in respect of any and all claims, losses, damagesliabilities and expenses, costs or expenses including, without limitation, attorney's fees and court costs, which Seller may incur on account of any kind claim by any broker or character arising out agent or other Person on the basis of any arrangements or resulting from any agreement, arrangement agreements made or understanding alleged to have been made by Seller or on Seller's behalf with any broker or finder of Purchaser in connection with this Agreement or the transaction contemplated hereby. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything respect to the contrary contained herein, transactions herein contemplated. The provisions of this Section 10.2 Article 13 shall survive the Closing or any earlier the termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Company Cxxxxxx & Wakefield (hereinafter called "“Agent" ” whether one or more) upon 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 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 AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on Purchaser'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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.

Real Estate Commissions. Seller shall pay to The Xxxxxxxx Xxxx ----------------------- Xxxxx & Xxxxx Company (hereinafter called "AgentAGENT" whether one or more) upon 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 Agent. Said commission shall in no event be earned, due and payable unless and until the transaction contemplated hereby is closed and fully consummated strictly in accordance with the terms of this AgreementAgreement 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 Agreement pursuant to the terms hereof, then such commission will be deemed not to have been earned and shall not be due or payable. Seller shall also pay to Triple Net Realty $80,000 in real estate commissions. Except as set forth above with respect to Agent and Triple Net RealtyAgent, neither Seller nor Purchaser has authorized any broker or finder to act on 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. Purchaser acknowledges that, in accordance with the terms of the Real Estate License Act of the State of Texas, Agent has advised Purchaser that Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's selection, or that Purchaser should be furnished with or obtain a policy of title insurance. Notwithstanding anything to the contrary contained herein, this Section 10.2 shall survive the Closing or any earlier termination of this ------------ Agreement.