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7. REAL ESTATE FEES. Seller agrees to pay real estate commissions, at closing, in <br />the amount of three and one half percent (3.5 %) of the purchase price to Buyer's Broker, <br />Premier Commercial Properties, Inc. Seller is represented by CBRE and will be paid, at <br />closing, in the amount of three and one half percent (3.5) of the purchase price. Buyer and <br />Seller acknowledge no other Brokers in this transaction. <br />8. DUAL AGENCY. PLEASE CHECK ONE OF THE FOLLOWING SELECTIONS: <br />XX Dual Agency representation DOES NOT apply in this transaction. <br />❑ 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) confidential information communicated to Broker which regards price, terms <br />or motivation to buy or sell will remain confidential unless Seller(s) or Buyer(s) <br />instructs Broker, in writing, to disclose this information. Other information will <br />be shared; <br />(2) Broker and its salespersons will not represent the interest of either party to the <br />detriment of the other; and <br />(3) 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) <br />(Seller) <br />(Buyer) <br />(Buyer) <br />(Date) (Date) <br />9. HAZARDOUS WASTE AND TOXIC SUBSTANCES. Seller will provide copies <br />all information to Buyer, within 10 days, of any Phase I and /or Phase II or any other <br />Environmental tests that have been performed on the Premises within the last twenty four <br />(24) months of the Effective Date. <br />The Buyer, at its' own expense, may perform additional environmental testing to confirm <br />that the Premises are free and clear of any hazardous wastes or toxic substances. If such <br />Page 5 of 16 <br />