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<br />23. Authority to Execute Agreement. Each undersigned represents and warrants that its <br />signature hereinbelow has the power, authority and right to bind their respective parties to each of <br />the terms of this Agreement, and shall indemnify Buyer fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to Buyer in the event that such authority or power is not, <br />in fact, held by the signatory or is withdrawn. <br /> <br />24. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be <br />incorporated as iffully set forth in the body ofthis Agreement. <br /> <br />25. Real Estate Commission. Neither Buyer nor Seller shall be liable for any real estate <br />commission, brokerage fees or finder's fees which may arise from this Agreement. The Buyer <br />and Seller each represent and warrant that neither has engaged any broker, agent, or finder in <br />connection with this transaction. Each party agrees to indemnify, defend and hold harmless the <br />other from any claim that a real estate commission, brokerage fees or tinder's fees is owed or <br />payable arising from this Agreement, based on the acts or omissions of the indemnifying party. <br /> <br />The parties have executed this Agreement as of the date written above. <br /> <br />100 SOUTH MAIN STREE~ LLC <br /> <br />BY: <br /> <br /> <br />Its: <br /> <br />CITY OF SANTAM <br /> <br />BY: 1l~---- <br /> <br />David N. Ream <br />City Manager <br /> <br />(signatures continued on next page) <br /> <br />6 <br />