1998 009 Ordinance - Laserfiche WebLink

Home Browse Search

If to Seller: Philip M. Brett Mayfield Village 6621 Wilson Mills Road Mayfield Village, Ohio 44143 with a copy to: Joseph W. Diemert, Jr. 1360 SOM Center Road Cleveland, Ohio 44124 If to Purchaser: Progressive Casualty Insurance Company 6300 Wilson Mills Road Mayfield Village, Ohio 44143 Attn: Michael R. Uth 15. BROKER'S COMMISSION. Seller and Purchaser represent and warrant to the other that the warranting Party has not had any contact or dealings through or with any real estate broker, agent or finder in connection with the purchase and sale of the Premises. Each Party covenants and agrees to indemnify, defend and hold harmless the other Party from and against any and all claims or demands and any and all loss, cost, damage or expense, including, without limitation, attorneys' fees arising from the covenanting Party's breach of its foregoing representation, warranty and covenant. The foregoing indemnity shall survive the Closing Date. 16. .ATTORNEYS' FEES AND DISBURSEMENTS. If any Party shall engage an attorney in connection with any action or proceeding to enforce or construe this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its litigation expenses to the extent permitted by law. If different Parties are the prevailing parties on different issues, the litigation expenses shall be apportioned in proportion to the value of the issues decided for and against the Parties. 17. MISCELLANEOUS. (a) Successors. The rights and obligations of the Parties under this Agreement, shall inure to the benefit of and be binding upon the Parties and all persons who succeed to their respective rights and obligations. (b) Modifications/Waivers. This Agreement cannot be changed nor can any provision of this Agreement, or any right or remedy of any Party, be waived orally. Changes and waivers can only be made in writing and the change or waiver must be signed by the Party against whom the change or waiver is sought to be enforced. Any waiver of any provision of this Agreement, or any right or remedy, given on any one or more occasions shall not be deemed a waiver with respect to any other occasion. (c) Entire Agreement. This Agreement is signed by the Parties as a final expression of all of the terms, covenants and conditions of their agreement and as a complete and exclusive statement of its terms, covenants and conditions. MRU\L960439\AGR00002002 10