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the Property, then any commission previously paid by Owner to Northco on account of such option payments <br />shall be credited against the commission payable to Northco on account of the exercise of the option. <br />5. Owner shall pay Nortltco its commission for any transaction, ifwithin one hundred eighty (180) days after the <br />termination or expiration of this Agreement, Owner sells or agrees to sell all or any portion of the Property, or <br />commences and thereafter continues discussions leading to a sale of all or any portion of the Property, to any <br />third person who previously made an affirmative showing of interest in the Property during the Terns of this <br />Agreement by respa rtdittg to advertising, by contacting Northco or who had been physically shown the Property <br />by Northco, its salesperson, or a cooperating broker, It it understood that Norlhco shall not seek to enforce <br />collection ofa commission urder this Paragraph 5 unless the name ofsden third person is on awritten list given <br />to Owner within 72 hours after the tenttination or expiration of this Agreement, <br />b_ The tents of this Agreement shall survive and be enforceable after termination of the Agreement_ <br />7. This Agreement constitutes the complete a greeinent between the panties and supersedes any prior oral or writtEn <br />agreements between the parties. Na amendment, modification or extension ofthis Agreement shall be valid or <br />binding unless made in writing and signed by both Omer and Nortnca, <br />R. This contract shall be governed by the Taws of the State of Minnesota, <br />9. Nothing in this Agreement shall create or he deemed or construed to create a joint venture or partnership <br />between or among Noithvo and Owner- This Agreement shall nut be deemed at any time to create an nwoner ship <br />interest orNcrt1 co in the Property or any improvements thereon. <br />10. In addition to all remedies otherwise provided in this Agr£ernent, each party hereto shall be entitled to ail <br />remedies available at law or in equity for any breach of, or failure ofth.e other party to perform, any obligations <br />tinder this Agreement. In the event suit is brought to enforce or interpret all or any portion of this Agreement, <br />the pievai] i ng parity shall be entitled to recover all costs end expenses incurred by it in connection therewith, <br />including its reasonable attorney's fees and costs. <br />By: <br />Its: <br />NORTIICO REAL ESTATE SERVICES, <br />LLC <br />Frank A. Jertnusek, President <br />