Laserfiche WebLink
Buyer shall receive a credit against the Purchase Price payable hereunder equal to the amount of <br />any insurance proceeds actually collected by City as a result of any such damage or destruction, <br />plus the amount of any insurance deductible, less any sums expended by City toward the <br />restoration or repair of the Property. If the proceeds have not been collected as of the Closing, <br />then City shall assign such proceeds to Buyer, except to the extent needed to reimburse City for <br />sums expended to repair or restore the Property, and Buyer shall not receive any credit against <br />the Purchase Price with respect to such proceeds. <br />7.2 Self -Insurance <br />Notwithstanding anything to the contrary above, Buyer acknowledges that City self - <br />insures and shall not be obligated to purchase any third -party commercial liability insurance or <br />property insurance. <br />8. EXPENSES <br />8.1 Expenses <br />Buyer shall pay any transfer taxes applicable to the sale, personal property taxes, escrow <br />fees and recording charges and any other costs and charges of the escrow for the sale. <br />8.2 Brokers <br />Except as identified below, neither Party has had any contact or dealings <br />regarding the sale of the Property, or any communication in connection with the sale of the <br />Property, through any licensed real estate broker or other person who could claim a right to a <br />commission or finder's fee in connection with this Agreement. Accordingly, any such <br />commission or finder's fee, if due, shall be paid pursuant to a separate written agreement <br />between such broker or other person and the Party through which such broker or other person <br />contracted. If any other broker or finder perfects a claim for a commission or finder's fee based <br />upon any such contact, dealings, or communication, the Party through whom the broker or finder <br />makes a claim shall be responsible for such commission or fee and shall indemnify and hold <br />harmless the other Party from any and all Claims incurred by the indemnified Party in defending <br />against the same. The provisions of this Section shall survive any termination of this Agreement. <br />(a) City acknowledges that: (i) prior to the Effective Date, it entered into a written <br />agreement with Colliers International CA, Inc. that provides for real estate brokerage services in <br />connection with the marketing and sale of the Property and (ii) City shall be solely responsible <br />for any compensation, commission, or finder's fee payable to Colliers International CA, Inc. in <br />connection with the purchase transaction contemplated by this Agreement. <br />(b) Buyer acknowledges that: (i) prior to the Effective Date, it entered into a written <br />agreement with Mark Sweeney of Newmark & Company Real Estate, Inc. that provides for real <br />estate brokerage services in connection with Buyer's proposed acquisition of the Property and <br />(ii) Buyer shall be solely responsible for any compensation, commission, or finder's fee payable <br />to Mark Sweeney of Newmark & Company Real Estate, Inc. in connection with the purchase <br />transaction contemplated by this Agreement. <br />9. LIQUIDATED DAMAGES <br />IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED BECAUSE OF <br />THE FAILURE OF ANY CONDITION PRECEDENT OR CITY'S DEFAULT UNDER <br />THIS AGREEMENT AND BUYER IS NOT THEN IN DEFAULT, THEN THE TITLE <br />