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<br />(c) Seller and Purchaser shall each execute counterpart closing statements in a <br />customary form together with such other documents as are reasonably necessary to consummate <br />the Closing. <br /> <br />(d) Seller's costs will be adjusted for and deducted on the Closing Statement. <br />Purchaser's cash to close will be delivered by cash, wire transfer, or cashier's check drawn on a <br />bank reasonably acceptable to Seller. <br /> <br />11. No Brokers. Seller and Purchaser each represent to the other that it has not dealt <br />with any broker, salesperson or agent in connection with the execution and delivery of this <br />Agreement, and the other party shall not be required to pay any commission whatsoever with <br />respect to this Agreement resulting from the actions of the party making such representations. <br />Seller and Purchaser each indemnify and hold each other harmless from and against any and all <br />claims, losses, costs, damages, liabilities and expenses (including without limitation, reasonable <br />attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing <br />representation. <br /> <br />The provisions of this Paragraph II shall survive the Closing and any cancellation <br />or earlier termination of this Agreement. <br /> <br />12. Assignability. Purchaser may assign its rights hereunder without Seller's consent, <br />provided, however, that upon any such assignment, any such assignee shall agree to be bound by <br />the terms and conditions set forth in this Agreement. <br /> <br />13. Notices. Any notices required or permitted to be given under this Agreement <br />shall be in writing and shall be deemed given if delivered by hand, sent by recognized overnight <br />courier (such as Federal Express), transmitted via facsimile transmission or mailed by certified or <br />registered mail, return receipt requested, in a postage pre-paid envelope, and addressed as <br />follows: <br /> <br />PURCHASER: <br /> <br />The City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 <br /> <br />Attn: Rick Conner,- . City Manager and <br />Hans Ottinot, City Attorney <br /> <br />SELLER: <br /> <br />Malibu Plaza on the Bay, LLC <br />16100 Collins Avenue, # II 0 <br />Sunny Isles Beach, Florida 33160 <br /> <br />Attn: Sidney S. Koslovsky and Susan Koslovsky <br /> <br />ESCROW AGENT: <br /> <br />Attn: Artie Montaner <br />Chicago Title Insurance Co. <br />270 I Gateway Drive, <br />Pompano Beach, Fl 33069 <br /> <br />9 <br /> <br />,A (j A <br />