Resolution 2015-69 - Laserfiche WebLink

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days thereafter, the parties shall enter into a written contract of sale in a form approved by the Colorado Real Estate Commission expressly including and incorporating all of the terms of the third party offer made to the LANDLORD, except as the parties may mutually agree. Within three (3) days after the full execution of the Colorado Real Estate Commission contract, the TENANT shall deposit an earnest money check with a mutually agreed upon title company in the amount contained in the third party offer, to be applied to the purchase price. If the TENANT, after receiving notice of the third party offer, fails to exercise its right of first refusal to purchase the Premises subject to that offer, within the allotted ten (10) business day period, TENANT's right of first refusal to purchase the Premises subject to that offer shall terminate and TENANT shall thereafter have no further right to purchase the Premises subject to that offer, it being the parties' express intent that TENANT's right of first purchase shall be a one-time right only, irrespective of whether the Premises are sold to the third party pursuant to the offer submitted by the third party and accepted by the LANDLORD. 23.13 SUCCESSORS. All rights and liabilities herein given to or imposed upon the parties hereto shall inure to the benefit of and be binding upon their respective heirs, executors, administrators, successors and assigns and, except as may be otherwise set forth herein, if there shall be more than one TENANT, they shall all be bound jointly and severally by the terms, covenants and agreements herein. No rights, however, shall inure to the benefit of any assignee of TENANT unless such assignment has been approved by LANDLORD in writing as provided elsewhere in this Lease. 23.14 BROKERAGE. Each party represents that no brokers, finders or similar fee or commission is due in connection with this Lease and each party hereby agrees to indemnify and hold the other harmless from any claim, cost or expense (including reasonable attorneys fees whether suit be brought or not) resulting from any claims made by or through such party for a fee or commission. 23.15 COUNTERPARTS. This Lease may be executed in counterparts; each counterpart constitutes a complete and binding agreement but all of such counterparts, taken together, form one and the same agreement. 19