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1. Buyer's portion of prorated property taxes. <br /> 2. Buyer's own attorney's fees. <br /> 3. One-half the cost of any closing fees. <br /> 4. Documentary and recording fees for the deed(s). <br /> 5. The cost of the owner's title insurance policy if Buyer elects to <br /> purchase an Owner's title insurance policy. <br /> b. Possession. Seller must deliver possession of the Property to Buyer at Closing. <br /> 17.REAL ESTATE BROKERS. Seller and Buyer represent and warrant to each other that <br /> they have dealt with no brokers,real estate agents,finders or the like in connection with <br /> this transaction,other than CBRE,Inc.("Seller's Broker"),which represents Seller and <br /> Platinum Properties Group Inc.(`Buyer's Broker").—Seller shall pay Seller's and <br /> Buyer's Broker as required by their agreement. Seller and Buyer agree to indemnify each <br /> other and to hold each other harmless against all claims,damages,costs or expenses of or <br /> for any broker's fees or commissions resulting for their actions or agreements regarding <br /> the execution or performance of this Agreement,other than the fees payable to Seller's <br /> and Buyer's Broker,and will pay all costs of defending any action or lawsuit brought to <br /> recover any such fees or commissions incurred by the other party,including reasonable <br /> attorney's fees. <br /> 18.ASSIGNMENT. This Agreement may-net be assigned without the written consent of <br /> the non-assigning Party. <br /> 19.THIRD PARTY BENEFICIARY. There are no third party beneficiaries of this <br /> Agreement,intended or otherwise. <br /> 20.JOINT VENTURE. Seller and Buyer,by entering into this Agreement and completing <br /> the transactions described herein,shall not be considered joint venturers or partners. <br /> 21.CAPTIONS. The paragraph headings or captions appearing in this Agreement are for <br /> convenience only,are not a part of this Agreement,and are not to be considered in <br /> interpreting this Agreement. <br /> 22.ENTIRE AGREEMENT/MODIFICATION. This written Agreement,and the related <br /> Development Agreement,if any,constitutes the complete agreement between the parties <br /> and supersedes any prior oral or written agreements between the parties regarding the <br /> Property. There are no verbal agreements that change this Agreement and no waiver or <br /> modification of any of its terms will be effective unless in writing executed by the parties. <br /> In the event the terms of this Agreement conflict with the terms of the Development <br /> Agreement,the latter shall control. <br /> 23.BINDING EFFECT. This Agreement binds and benefits the Parties and their <br /> successors and assigns. <br /> 9 DRAFT <br />