12-21-2016 Council Packet - Laserfiche WebLink

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commission not paid to AY when due will bear interest as of the due date until paid in full at the maximum legal rate of interest. xv. AUTHORITY: Except as disclosed in an addendum hereto signed by both Owner and AY, Owner hereby warrants and represents to AY that (1) Owner is the owner of record of the Property or has the legal authority to execute this Agreement on behalf of such owner, (2) no person or entity has any right to purchase or lease the Property or to acquire an interest therein by virtue of option or right of first refusal, (3) there are no delinquencies or defaults under any deed or trust, mortgage or other encumbrance on the property, and (4) the Property is not subject to the jurisdiction of any court in any bankruptcy, insolvency, conservatorship or probate proceeding. xvi. PROFESSIONAL ADVICE: Owner agrees that in determining the financial soundness of any prospective purchaser, Owner will rely solely upon Owner's own investigation and evaluation, notwithstanding AY's assistance in gathering any financial information. xvii. NON-DISCRIMINATION: It is understood that it is illegal for either Owner or AY to refuse to present, sell, or lease real property to any person because of race, color, religion, national origin, sex, marital status, age, or physical ability. xviii. SURVIVAL: This Agreement is binding upon the parties hereto and their respective successors and assigns. The terms "Owner" and "purchaser" include affiliates, successors, assigns, and nominees. The term "Owner" as used herein shall also be deemed to mean "seller" or "landlord". The term "outside broker" means a broker other than the designated agent identified in paragraph (iv) above. xix. PUBLICITY: Owner hereby consents to AY’s publicizing its role in any transaction entered into, subject to Owner’s reasonable editorial approval of such publicity. xx. COUNTERPARTS: This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same Agreement. xxi. FACSIMILED OR PDF SIGNATURES: Facsimiled or pdf signatures on this Agreement will have the same effect as the Parties' original signatures. xxii. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Owner and AY and supersedes all prior discussions. No modification of this Agreement will be effective unless made in writing and signed by both Owner and AY. Owner acknowledges receipt of a copy of this Agreement and the Schedule of Commissions. xxiii. REPRESENTATION & WARRANTY REGARDING TERRORISM: Each party warrants and represents to the other party, that each party, and all persons and entities owning (directly or indirectly) an ownership interest in each party: (a) is not, and shall not become, a person or entity with whom AYA is restricted from doing business with under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including, but not limited to, those named on OFAC’s Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order 13224 Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action; (b) and is not knowingly engaged in, and shall not knowingly engage in, any dealings or transactions or be otherwise associated with such persons or entities described in clause (a) above.