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to substantially the same condition as existed prior to Buyer' s inspection. If said inspection <br />is, in Buyer's sole discretion, unsatisfactory to Buyer, Buyer shall notify Seller of the same <br />in writing prior to five (5) days from date thereof and this Agreement shall be null and void <br />and all Earnest Money shall be refunded to Buyer within five (5) business days of such <br />notice. Failure of the Buyer to provide this written notice within the prescribed time shall <br />be a waiver of this condition. <br />7. REAL ESTATE FEES. Seller agrees to pay real estate commissions, at closing, in <br />the amount of $5793.48 (.95 acres times 43,560 square feet times $2.00/sf times seven <br />percent) to be split evenly between Buyer's Broker, Premier Commercial Properties, Inc. <br />and Sellers Broker CBRE. Buyer and Seller acknowledge no other Brokers in this <br />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) (Buyer) <br />(Seller) (Buyer) <br />(Date) (Date) <br />Page 5 of 16 <br />