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thereof and this Agreement shall be null and void and all Earnest Money shall be <br />refunded to Buyer within five (5) business days of such notice. Failure of the Buyer to <br />provide this written notice within the prescribed time shall be a waiver of this condition. <br />7. REAL ESTATE FEES. Seller agrees to pay real estate commissions, at closing, <br />in the amount of three percent (3.5%) of the purchase price to Premier Commercial <br />Properties, Inc. and (3.5%) to CBRE, Inc. <br />8. DUAL AGENCY. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: <br />XX Dual Agency representation DOES NOT apply in this transaction. <br />o Dual Agency representation DOES apply in this transaction. . <br />Broker represents both the Seller(s) and the Buyer(s) of the Premises involved in this <br />transaction, which creates a dual agency. This means that Broker and its salespersons <br />owe fiduciary duties to both Seller(s) and Buyer(s). Because the parties may have <br />conflicting interests, Broker and its salespersons are prohibited from advocating <br />exclusively for either party. Broker cannot act as a dual agent in this transaction <br />without the consent of both Seller(s) and Buyer(s). Seller(s) and Buyer(s) <br />acknowledge that : <br />(1) <br />(2) <br />(3) <br />confidential information communicated to Broker which regards price, terms <br />or motivation to buy or sell will remain confidential unless Seller(s) or <br />Buyer(s) instructs Broker, in writing, to disclose this information. Other <br />information will be shared; <br />Broker and its salespersons will not represent the interest of either party to the <br />detriment of the other; and <br />within the limits of dual agency, Broker and its salespersons will work <br />diligently to facilitate the mechanics of the sale. <br />With the knowledge and understanding of the explanation above, Seller(s) and <br />Buyer(s) authorize and instruct Broker and its salespersons to act as dual agents in <br />this transaction. <br />(Seller) (Buyer) <br />(Seller) (Buyer) <br />(Date) (Date) <br />9. HAZARDOUS WASTE AND TOXIC SUBSTANCES. Seller will provide copies <br />to Buyer, within 10 days, of any Phase I and/or Phase II or any other Environmental tests <br />that have been performed on the Premises within the last twenty four (24) months of the <br />Effective Date. <br />Page 5 of 16 <br />