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9. It is specifically understood and agreed upon that the BROKER does not assume and is not delegated care, custody or control of the yacht.
10. If a cooperative brokerage situation occurs, whereby the Listing Broker is not the Selling Broker, the owner agrees to pay the Listing Broker and Selling Broker a total commission not to exceed ten percent (10%) of the gross selling price of the Vessel. The commission split shall be determined at the time of negotiating the sale. This agreed commission split shall be disclosed in writing, and this written disclosure shall become a part of this Agreement. These fees shall be paid directly to each independent Broker at the time the sale is closed.
11. BROKER is authorized to distribute information describing the yacht to its clients and to other sublisted brokers. The sublisted brokers are those brokers FAIRWINDS YACHT & SHIP BROKERAGE, INC., normally exchanges Central Agency listings with and other brokers on an individually agreed upon basis. It will be the responsibility of the OWNER to supply pictures, plans and detailed information, and to also keep the BROKER informed of any changes in location, price or specifications of this yacht.
12. OWNER agrees to maintain the vessel in a clean, orderly and operational "best sales condition" at all times, and further understands that the BROKER is not to assume any obligations or expense for care, maintenance or moorage of said vessel.
13. OWNER agrees that the BROKER, his agents or employees, shall not be liable to the OWNER for any damage to or theft of the OWNER'S vessel, its contents or equipment, for the duration of this agreement. The OWNER agrees to keep in force his marine insurance on this vessel for as long as this Agreement is in force. OWNER shall provide copies of insurance documentation to BROKER upon request.
14. OWNER acknowledges and warrants the he is the sole and rightful owner of the vessel and that the vessel will be transferred to the purchaser free and clear of all claims, debts, liens, encumbrances, and taxes or penalties due up to and including the date of closing. OWNER agrees to provide BROKER with copies of the vessel's certificate of documentation, title, and registration papers, or any other documents that may be required by law for verification of ownership.
15. This Agreement is binding on the BROKER and the yacht's OWNER(S), their heirs, executors, successors, administrators, and assigns.
16. The OWNER agrees to refer immediately to the BROKER all inquiries of offers from other brokers or parties interested in purchasing the yacht, during the life of this agreement.
17. In the event legal action is necessary to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and court costs. This Agreement shall be governed by the laws of the State of Washington. The venue for any suit shall be Snohomish County.
18. SELLER agrees to pay BROKER the agreed brokerage fee upon closing of the sale. Should the sale of VESSEL not be consummated under the terms of this AGREEMENT, but within one year, PURCHASER and SELLER either directly or indirectly enter into any agreement for transfer of interest in VESSEL, SELLER agrees to pay BROKER an amount identical to the brokerage fee they would receive under the terms of this AGREEMENT.
19. Any default on part of the SELLER which results in the failure of the non-performance of this AGREEMENT, shall result in the full brokerage fee being due and payable to the BROKER by the SELLER. The SELLER shall also be obligated for the expense of survey. This is without prejudice to any rights purchaser may have in this event.
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