Laserfiche WebLink
shall pay the full Broker's fee as defined in Paragraph 4 A through D inclusive. Broker acknowledges it is aware of the <br />identities of the Partially Excluded Tenants or Purchasers, and agrees to maintain the confidential nature of these identities <br />until released of this obligation by Owner, Partially Excluded Tenant, or as required by Indiana Law." <br />F. The Team and Owner acknowledge the existence of an agreement between Owner and the National Football <br />Foundation and College Hall of Fame, Inc. ( "NFF ") extending the term of the Transition Agreement for the Hall of Fame until <br />December 31, 2012. ( "Extension Agreement ") A copy of the Agreement is attached as Exhibit "A" and is incorporated into <br />the Listing Agreement by reference. The Team understands a prospective Tenant or Buyer of the real estate may not be able <br />to obtain possession until after December 31, 2012 unless certain conditions contained in the Extension Agreement are <br />satisfied in which event possession may be available on November 1, 2012. In the event The Team brings a party ready <br />willing and able to lease or buy the real estate but needs to be in possession prior to the date the real estate is available for <br />possession, Owner will take reasonable and best efforts to negotiate with the NFF to obtain an agreement to allow possession <br />of the real estate prior to the dates provided for in the Extension Agreement. In the event Owner is unsuccessful in the <br />negotiations with the NFF and the possession dates remain as contained in the Extension Agreement The Team will have no <br />right to a Broker's Fee as provided in Paragraph 4 of the Listing Contract unless such party actually buys or lease with Owner <br />and takes possession of the real estate at a time allowable under the Extension Agreement." <br />Broker may offer to share Broker's commission with subagents and Buyer- Brokers. The fee to be paid by the Owner to the <br />Broker for services rendered with respect to any listing and the compensation to be paid by the Broker to a subagent or Buyer - <br />Broker are not fixed, controlled, suggested, recommended or maintained. If the property is sold or exchanged, the <br />commission is due and payable at the time of closing (for a land contract when the land contract is signed; for a purchase <br />money mortgage when the deed and purchase money mortgage are exchanged.) For leases, the commission shall be paid at <br />the execution of the lease for the primary term. It is further agreed the Owner shall pay a leasing commission of three 3 <br />percent of the Gross/Net Lease Amount for any renewals, options, or expansions by the Tenant at the subject property. The <br />leasing commission for the renewals, option or expansions shall be paid by the Owner when exercised by the Tenant. The <br />Owner agrees to include any future compensation payable to the Broker in the original lease document so that conflicts do not <br />occur due to subsequent sales of the subject property. Broker shall be entitled to recovery of reasonable attorney fees for the <br />collection of commission due. The Owner also agrees to do and to perform all that may be necessary to enforce the contract <br />with the purchaser for the property described herein and the collection of any money due. Commissions not paid within thirty <br />(30) days of execution of a lease shall be considered past due and Broker shall charge interest at the rate of Twelve (12 %) <br />percent on any past due commissions. <br />5. CONSENT TO LIMITED AGENCY: The Owner is to sign the attached Listing Contract Addendum explaining the Broker's <br />general company policy regarding any potential for the Broker to act as a disclosed limited agent. Unless otherwise stated <br />below under Further Provisions, Owner hereby consents to the showing of the Owner's property by the Broker or by any <br />salespersons who are affiliated with the Broker and who are acting in the capacity of a Buyer- Broker. <br />6. EARNEST MONEY DEPOSIT: The Broker is hereby authorized to accept an earnest money deposit with any offer to <br />purchase said real estate. Said deposit may be retained by the Broker until closing. Should the purchaser fail to complete said <br />purchase, said earnest money deposit shall be applied first to inspection fees and to Broker's advertising and other expenses. <br />The balance shall be divided equally between the Broker and Owner, except that Broker's portion shall in no event exceed his <br />regular commission. In the event of a dispute as to the release of any earnest money, the Broker may interplead all or any part <br />of said escrow funds to the Clerk of the Circuit Court where said real estate is located. <br />7. OWNERSHIP AND TITLE INSURANCE: If the property is to be sold or exchanged, Owner also agrees to furnish, within a <br />reasonable time prior to closing, at his expense a commitment for an Owner's Title Insurance Policy equal to the purchase <br />price insuring merchantable title subject to standard title exceptions. The Owner also agrees to execute and deliver a warranty <br />deed or land contract for the same to whom the Broker directs. To induce the Broker to enter into this Listing Contract, the <br />Owner hereby warrants that the undersigned is the fee simple titleholder or Land Contract purchaser of the property above <br />described. The Owner agrees to give possession at closing of this transaction. <br />8. CONDITION OF PROPERTY: Owner represents that to the best of his knowledge, the heating, cooling, electrical, roof, <br />septic system, well and plumbing systems in the improvements on the real estate and all other functioning systems, and/or <br />equipment to be included in the sale of his real estate, are now in good operating order or will be on the date of closing, <br />except as follows: n/a <br />Owner warrants that the property ® is ❑ is not connected to a municipal sewer system. <br />ENVIRONMENTAL: Owner represents to Broker that all environmental problems affecting the Premises have been <br />disclosed to Broker in writing. Owner acknowledges and agrees that Broker has not made any representation or warranty with <br />respect to, nor conducted any investigation of, the environmental condition or suitability for any particular use of the Premises <br />or any adjacent property and that Broker has no duty or obligation to Owner, any prospective purchaser or lessee or other <br />person or entity to make any such investigation, warranty or representation and does not by this Agreement incur any such <br />obligation. Owner further acknowledges and agrees that any obligation which may exist with regard to compliance with <br />statutes, ordinances and regulations relating to the environmental condition of all or any part of the Premises, or the use <br />thereof, is the sole responsibility of the Owner. Owner acknowledges that Broker has advised Owner of the potential risk of <br />environmental issues affecting the Premises by letter or verbally prior to entering into this Agreement. Owner agrees to <br />indemnify and hold Broker harmless against any liability, expense, cost, attorney's fees or other fees which Broker may incur <br />as a result of any environmental problems associated with the Premises. <br />10. MLS INFO: It is understood that the Broker may rely on the validity of the data pertaining to this Listing Contract which has <br />been provided by the Owner, and the Owner agrees that the broker may disclose such data to the Loopnet service, and that the <br />