OF THIS AGREEMENT.
WHENEVER REQUIRED BY THE
CONTEXT, THE SINGULAR SHALL INCLUDE THE PLURAL AND VICE VERSA.
UNLESS OTHERWISE
SPECIFICALLY INDICATED TO THE CONTRARY, THE WORD "DAYS" AS USED IN THIS
AGREEMENT SHALL MEAN AND REFER TO CALENDAR DAYS.
THIS AGREEMENT SHALL NOT BE
CONSTRUED AS IF PREPARED BY ONE OF THE PARTIES, BUT RATHER ACCORDING TO ITS FAIR
MEANING AS A WHOLE, AS IF BOTH PARTIES HAD PREPARED IT.
26.
ADDITIONAL PROVISIONS:
Additional provisions of this offer, if any, are as follows or are attached
hereto by an addendum consisting of paragraphs 28 through 37.
(If there are no
additional provisions write "NONE.")
see addendum, attached
ATTENTION:
NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN
INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY,
LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS AGREEMENT OR THE TRANSACTION TO WHICH
IT RELATES, THE PARTIES ARE URGED TO:
1.
SEEK ADVICE OF COUNSEL AS TO THE LEGAL
AND TAX CONSEQUENCES OF THIS AGREEMENT.
2.
RETAIN APPROPRIATE CONSULTANTS TO REVIEW
AND INVESTIGATE THE CONDITION OF THE PROPERTY.
SAID INVESTIGATION SHOULD
INCLUDE BUT NOT BE LIMITED TO:
THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES,
THE ZONING OF THE PROPERTY, THE INTEGRITY AND CONDITION OF ANY STRUCTURES AND
OPERATING SYSTEMS, AND THE SUITABILITY OF THE PROPERTY FOR BUYER'S INTENDED USE.
WARNING:
IF THE PROPERTY IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN
PROVISIONS OF THIS AGREEMENT MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF
THE STATE IN WHICH THE PROPERTY IS LOCATED.
NOTE:
1.
THIS FORM IS NOT FOR USE IN CONNECTION
WITH THE SALE OF RESIDENTIAL PROPERTY.
2.
IF THE BUYER IS A CORPORATION, IT IS
RECOMMENDED THAT THIS AGREEMENT BE SIGNED BY TWO CORPORATE OFFICERS.
The undersigned Buyer offers and agrees to buy the Property on the terms and
conditions stated and acknowledges receipt of a copy hereof.
BROKER:
BUYER:
Commercial Resource Real Estate Services
bebe stores, inc., a California corporation
Attn:
Justin Beimforde
By:
Title:
Partner
Date:
Address:
520 South Grand Avenue, Ste. 690
Name Printed:
Manny Mashouf
Los Angeles, CA
90071
Title:
Chief Executive Officer
Telephone:
(213) 627 6700 x17
Telephone/Facsimile:
Facsimile:
(213) 627-6727
Federal ID No.
95-3945478
By:
Date:
1-21-04
Name Printed:
M. Mashouf
Title:
CEO
Address:
Telephone/Facsimile
Federal ID No.
27.
ACCEPTANCE.
27.1
SELLER ACCEPTS THE FOREGOING OFFER TO PURCHASE
THE PROPERTY AND HEREBY AGREES TO SELL THE PROPERTY TO BUYER ON THE TERMS AND
CONDITIONS THEREIN SPECIFIED.
27.2
SELLER ACKNOWLEDGES THAT BROKERS HAVE BEEN
RETAINED TO LOCATE A BUYER AND ARE THE PROCURING CAUSE OF THE PURCHASE AND SALE
OF THE PROPERTY SET FORTH IN THIS AGREEMENT.
IN CONSIDERATION OF REAL ESTATE
BROKERAGE SERVICE RENDERED BY BROKERS, SELLER AGREES TO PAY BROKERS A REAL
ESTATE BROKERAGE FEE IN A SUM EQUAL TO 4% OF THE PURCHASE PRICE, DIVIDED IN SUCH
SHARES AS FOLLOWS:
2.5% TO COMMERCIAL RESOURCE REAL ESTATE SERVICES AND 1.5% TO
EOFFICE SUITES.
THIS AGREEMENT SHALL SERVE AS AN IRREVOCABLE INSTRUCTION TO
ESCROW HOLDER TO PAY SUCH BROKERAGE