Agenda - Council - 01/24/2023 - Laserfiche WebLink

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12. If you lease the Property to anyone during the Term or Post -Term., you agree to pay CBRE a lease commission in accordance with Exhibit A. 13.The Listing Team are your designated agents to the exclusion of all ofCBRE'aother licensees. All other CBRE licensees shall be referred to as "Non -Listing Team Agents" and shall be considered Cooperating Brokers. You acknowledge that we are an international brokerage firm and that we may represent prospective purchasers. You consent to the representation of such prospective purchasers by Non -Listing Team Agents and consent to any dual agency created by such representation. You acknowledge that Non -Listing Team Agents owe duties oftru,d^ confidence and loyalty exclusively to their clients. The Listing Team and Non -Listing Team Agents aheU not disclose the confidential information ofone principal tothe other. 14. Questions regarding environmental and zoning issues may arise during the course of our representation. CBRE is not obligated to perfonn, and has not made any investigation of the physical conditions or zoning issues relating to the Property. You agree to disclose to us and allow us to disclose to prospective purchasers everything you know (after reasonable inquiry by you) regarding present and future property issues including, but not limited to, structural, mechanical, hazardous materials, zoning and environmental matters affecting the Property and/or the Property's 1G.|fthe Property becomes the subject of foreclosure proceedings before the expiration of the Term, then in our sole and absolute discretion we may- (a) suspend this Agreement until we may electto reinstate it or terminate this Agreement and enter into a listing agreement with any reoeiver, party initiating foreclosure, party purchasing the Property ataforeclosure sale, or any other third 18. Whika we are confident that our relationship will be mutually satisfactory, if there is a dispute between us, then we agree to resolve it subject to the following: (a) ifeither party institutes a legal proceeding against the other party relating tothis Agreement, the prevailing party shall recover from the non -prevailing party all of its (i) reasonable attorneys'fees and costs, (ii) expert -related fees and costs and (iii) other related expenses. All peat due amounts shall bear interest at twelve percent (1296) per ennum or the maximum rate permitted in the state in which the Property is located. No party will be entitled to punitive, special and/or consequential damages, and we each waive all rights to andolaimmforre|iafotherthanforoompenaatorydamageo-and (b) WHERE PERMITTED BY LAW, WE EACH KNOWINGLY AGREE TOWAIVE ANY AND ALL RIGHTS TOHAVE ADISPUTE ONANY MATTER RELATING TO, ORARISING FROM THIS AGREEMENT DETERMINED BYAJURY. 17. You and CBRE agree to comply with all applicable laws, regulations, oodea, ordinances and administrative orders. Further, weboth acknowledge that: (a) it isillegal torefuse bodisplay orlease or sell to or from any person because of one's membership in a protected doom, eg- race, oo/or, religion, national origin, aex, oncestry, age, marital status, physical or mental hendioop, familial status or any other o|eaa protected by applicable |avv and (b) the Property will be offered in compliance with all applicable anti-d iscrim 1 nation laws. 18. This Agreement is our entire agreement and supersedes all prior understandings between us regarding this engagement and iagoverned bythe laws ofthe state where the Property imlocated, without regard to its conflict of |owa principles. This Agreement will be binding and inure to the benefit ofour lawful nepnasentativea, heins, successors, designees and assignees. It may not be altered or terminated except in a writing signed by both you and CBRE. Neither party*o failure to exercise any of its rights under this Agreement will relieve the other party of its obligations hereunder. Nothing herein is or may be deemed a waiver or full statement of any of our rights or remedima, whether at law or in equby, all of which are expressly reserved. If any provision of this Agreement is unenforceable or void under applicable law, the remaining provisions will continue to be binding. This Agreement and the righta, interests orobligations created hereunder will not be assigned by either of the parties without the prior written consentof the other party. We each agree that we have both participated in the negotiation and drafting of this Agreement. You acknowledge that the person signing this Agreement on your behalf has your full authority to execute it. This o.\Comoev\E^o"="/=Development o'"/"/=`prop"rties\oBRs\Co"*=ct\2o,eRemew\usti"oAgreement City of Ramsey r.9`so/e=uo="