CCP 09-08-2009 - Laserfiche WebLink

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COMMERCIAL EXCLUSIVE 4125 Excelsior Boulevard, Suite 500 MBG Minneapolis, MN 55416 LISTING AGREEMENT - SALE (952)922-4405 refer any such inquiry to BROKER or prevents or requests BROKER to refrain from contacting or delivering written marketing materials to any such party, such party shall be deemed a Protected Party (as defined below). BROKER shall have the primary responsibility for all negotiations, but SELLER reserves the right to negotiate directly with any prospective purchaser. BROKER will not have the authority to accept any offer or proposal or to enter into any commitment on behalf of SELLER. 5. Representations, Warranties and Covenants by SELLER. SELLER hereby represents, warrants and covenants to BROKER as follows: A. SELLER has the requisite power and authority to execute this Agreement. B. SELLER is the lawful owner of good and marketable fee simple title to the Property and has the right, free and clear of any restrictions, to convey the Property. C. As of the date of this Agreement, SELLER has not received notice from any municipality or other governmental agency of building, health or fire code violations nor notice of condemnation proceedings pertaining to the Property. D. No hazardous waste or substances have been, or are going to be used, stored, handled or disposed of on the Property. SELLER covenants to promptly notify BROKER of any such notices or information regarding hazardous waste or substances pertaining to the Property, which are hereafter received or learned during the Term of this Agreement. E. No underground storage tanks are, or will be, situated on the Property. F. SELLER covenants that it will pay for all legal services in the preparation and negotiation of all agreements memorializing the transaction between SELLER and the prospective purchase of the PROPERTY. SELLER agrees to hold BROKER harmless from any liability, damages, costs and expenses arising from the untruth of any of the representations and warranties or the breach of any of the foregoing covenants. 6. BROKER'S Access to the Property. SELLER shall permit BROKER to enter the Property from time to time to erect and maintain a "FOR SALE" or "FOR LEASE" sign on the Property and to remove all other "FOR SALE" or "FOR LEASE" signs from the Property during the Term. Upon reasonable prior notice to SELLER, BROKER shall have the right to enter in and upon the Property for purposes of marketing, showing and selling the Property in accordance with this Agreement. It is further agreed that SELLER shall permit BROKER to enter the Property to erect and maintain a "SOLD" or "LEASED" sign on the Property for a period of thirty (30) days following the sale or exchange of the Property by BROKER. 7. Aizency Disclosures. SELLER hereby authorizes BROKER to allow subagents or agents representing a purchaser to market the Property and to share BROKER'S Commission with an agent's broker unless otherwise noted in an addendum to this Agreement. BROKER represents purchasers looking for property including properties which may be similar to the Property. If a purchaser represented by