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Buyer shall receive a credit against the Purchase Price payable hereunder equal to the amount of <br /> any insurance proceeds actually collected by City as a result of any such damage or destruction, <br /> plus the amount of any insurance deductible, less any sums expended by City toward the <br /> restoration or repair of the Property If the proceeds have not been collected as of the Closing, <br /> then City shall assign such proceeds to Buyer, except to the extent needed to reimburse City for <br /> sums expended to repair or restore the Property, and Buyer shall not receive any credit against <br /> the Purchase Price with respect to such proceeds <br /> 7.2 Self-Insurance <br /> Notwithstanding anything to the contrary above, Buyer acknowledges that City self- <br /> insures and shall not be obligated to purchase any third-party commercial liability insurance or <br /> property insurance <br /> 8. EXPENSES <br /> 8.1 Expenses <br /> Buyer shall pay any transfer taxes applicable to the sale, personal property taxes, escrow <br /> fees and recording charges and any other costs and charges of the escrow for the sale <br /> 8.2 't rokers <br /> Except as identified below, neither Party has had any contact or dealings <br /> regarding the sale of the Property, or any communication in connection with the sale of the <br /> Property, through any licensed real estate broker or other person who could claim a nght to a <br /> commission or finder's fee in connection with this Agreement Accordingly, any such <br /> commission or finder's fee, if due, shall be paid pursuant to a separate written agreement <br /> between such broker or other person and the Party through which such broker or other person <br /> contracted If any other broker or finder perfects a claim for a commission or finder's fee based <br /> upon any such contact, dealings, or communication, the Party through whom the broker or finder <br /> makes a claim shall be responsible for such commission or fee and shall indemnify and hold <br /> harmless the other Party from any and all Claims incurred by the indemnified Party in defending <br /> against the same The provisions of this Section shall survive any termination of this Agreement <br /> (a) City acknowledges that (i) prior to the Effective Date, it entered into a written <br /> agreement with Colliers International CA, Inc that provides for real estate brokerage services in <br /> connection with the marketing and sale of the Property and (n) City shall be solely responsible <br /> for any compensation, commission, or finder's fee payable to Colliers International CA, Inc in <br /> connection with the purchase transaction contemplated by this Agreement <br /> (b) Buyer acknowledges that (i)prior to the Effective Date, it entered into a written <br /> agreement with Mark Sweeney of Newmark& Company Real Estate, Inc that provides for real <br /> estate brokerage services in connection with Buyer's proposed acquisition of the Property and <br /> (u) Buyer shall be solely responsible for any compensation, commission, or finder's fee payable <br /> to Mark Sweeney of Newmark& Company Real Estate, Inc in connection with the purchase <br /> transaction contemplated by this Agreement <br /> 9. LIQUIDATED DAMAGES <br /> IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED BECAUSE OF <br /> THE FAILURE OF ANY CONDITION PRECEDENT OR CITY'S 1 EFAULT UNDER <br /> THIS AGREEMENT AND BUYER IS NOT THEN IN DEFAULT, THEN THE TITLE <br /> COMPANY SHALL RETURN THE DEPOSIT (EXCLUDING THE INITIAL DEPOSIT) <br /> TOGETHER WITH ACCRUED INTEREST THEREON TO BUYER. IF THE SALE IS <br /> 9 <br />