2000-01-24_PERMIT FILE - M2000002 (3)

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41. MISCELLANEOUS. A. Broker. buyer and Seller acknowledge that no licensed real estate broker is entitled to any commission as a result of the transaction contemplated tinder this Contract, other than The Pox Company Commercial Real Estate and Development, L.L.C. ("Broker"). Buyer agrees (n pay Broker any commission clue (the "broker's Pee") upon the consummation of the Closing of the Property by Buyer as provided herein, and buyer indemnities, defends and holds Seller harmless from and against any and all claims, losses, damages or expenses of any nature whatsoever relating to the broker's Pee, including, but not limited to, reasonable attorneys' fees (and legal assistants' fees). if this Contract is terminated for any reason, no commission is due Broker. In the event that any other claim for a broker's fee or real estate commission is asserted, the party who dealt with such claimant will indemnify the other and hold it harmless from any and all claims, losses, damages, or expenses of any nature whatsoever arising out of said claim, including, but not limited lo, reasonable attorneys' Fees (and legal assistants' fees). B. Tinte. Time is of the essence. In the event any date described Herein for payment or perfonmance of the provisions hereof Falls on a Saturday, Sunday or legal holiday observed by banking institutions in Colorado, the (ime for such payment or perfonmance will be extended to the next business day. For purposes of this Contract, "business day" will be deemed to mean a day of the week other than a Saturday or Sunday or other holiday recognized by banking institutions of the Stale of Colorado. C. Entire Document. Seller and Buyer acknowledge that there are no statements, warranties or representations between them that are not included in ibis Contract, and This Contract will not be modified or changed in any manner, unless in writing, and executed by all the parties hereto. Upon the signature of both Buyer and Seller to this Contract, including this Rider, ibis Contract and Rider will be deemed to be an integrated, complete and binding agreement between Boyer and Seller. The obligations, representations and warranties of Seller will not survive Closing and will be deemed merged into the deed. D. No Recording. Buyer may not record this Contract, and any recording of this Contract or a memorandum thereof will constitute a default of buyer under this Contract, whereupon Seller may terminate this Contract, retain the Earnest Money, and Buyer will immediately quit claim any interest in the Properly to Seller. E. 1099 Reporting. The parties agree that the Title Company is hereby designated as the entity responsible for filing a Dorm 1099 with the ]eternal Revenue Service promptly after Closing as required under Internal Revenue Code Regulations § 1.6045.4. P. Attorneys' Pees. In the event of litigation arising out of an alleged default or breach of this Contract, the prevailing party will be entitled to recover alt costs and expenses incurred in the prosecution or defense of such litigation, including reasonable attorneys' fees (and legal assistants' Fees). RECEIVED ,IAN 2 4 2900 Division rt Uinerals b Geology •~~~ -4-