2019/07/17 Council Agenda Packet

15. Real Estate Broker or Agent Commissions. Buyer and Seller represent and warrant to each other that no real estate commissions, finders' fees, or brokers' fees have been or will be incurred in connection with the sale of the Property by Seller to Buyer other than a commission payable by Seller to Lee & Associates Commercial Real Estate Services, LLC (the "Broker") pursuant to a separate agreement between Seller and Broker. Each party represents to the other that, except as set forth above, it has not authorized any broker or finder to act on its behalf in connection with the sale and purchase under this Agreement and that it has not dealt with any broker or finder purporting to act on behalf of any other party. Buyer and Seller each hereby agree to indemnify, defend, and hold the other harmless from any claim, liability, obligation, cost, or expense (including attorneys' fees and expenses) for fees or commissions relating to Buyer's acquisition of the Property asserted against either party by any broker or other person (other than the Broker) claiming by, through, or under the indemnifying party or whose claim is based on the indemnifying party's acts. The provisions of this Section 15 shall survive the Closing or any termination of this Agreement. 16. Form 17 Waiver. Buyer waives the right to receive a seller disclosure statement if required by RCW Ch. 64.06 (the Form 17,n with RCW Ch. 64.06 referred to as the "Seller Disclosure Statute"); provided, however, that unless the sale of the Property is exempt from the Seller Disclosure Statute (pursuant to RCW § 64.06.010 or otherwise), if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental" section of the Form 17, and such section of the Form 17 is attached to this Agreement. Buyer acknowledges and agrees that (i) neither the Form 17 nor any information or statements set forth therein comprise part of the Agreement and (ii) pursuant to RCW § 64.06.070, neither the Seller Disclosure Statute nor the Form 17 gives Buyer any additional rights or remedies except for the right of rescission exercised on the basis and within the time limits provided by the Seller Disclosure Statute. 17. Counterparts /Fax/.pdf documents. This Agreement may be executed in counterparts, all of which together shall constitute one agreement. Signatures and documents by fax or .pdf shall be binding and shall be considered the same as original signatures. 18. Effective Date. The Effective Date shall be the date an original of this Agreement (or original counterparts of this Agreement) is executed by both Seller. and Buyer and each party has received a fully executed copy thereof. [SIGNATURE PAGE FOLLOWS] 11 44