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May 16, 2008
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Auction No.: Information Pending
(ii) Seller hereby agrees that commission payable to DOTmed in U.S. dollars and is earned by DOTmed upon the closing of the auction. Seller hereby agrees to reimburse all costs and expenses, including attorneys' fees, incurred by DOTmed, in connection with any legal proceedings initiated by DOTmed for commission and/or any breach by Seller of Seller's obligations to DOTmed or the Successful Bidder. Seller designates DOTmed as its collection agent for the collection of payment of the purchase price in any such auction from the Successful Bidder. The full auction purchase price shall be paid to DOTmed by a Successful Bidder, as designated by DOTmed, and DOTmed upon receipt of such shall pay to Seller an amount equal to the full auction purchase price less the agreed upon auction commission due to DOTmed, provided Seller is ready, willing and able to transfer clean title and free possession and permit removal of the Auctioned Item by the Successful Bidder as specified in the Notice of Auction. Seller hereby agrees that Seller shall not transfer title or possession of the Auctioned Item to any party other than the Successful Bidder as notified by DOTmed, unless otherwise instructed by DOTmed. Seller further agrees that DOTmed's obligations subsequent to the closing of the auction are conditioned upon the Successful Bidder complying with its auction obligations. Unless otherwise expressly provided for herein, Seller further agrees that Seller will look solely to the Successful Bidder for consummation of the sale of an Auctioned Item. DOTMED SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF SELLER, SUCCESSFUL BIDDER OR THIRD PARTIES OR FOR ANY LOSS OF USE, REVENUE OR PROFITS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AUCTIONED ITEM OR THIS AUCTION. Seller agrees to hold DOTmed harmless against any and all claims, judgments, decrees against DOTmed and damages, costs and expenses, including, attorneys' fees or any other loss incurred by DOTmed relating to or arising out of the sale or auction of the Auctioned Item by Seller. Seller further agrees that, without limitation to the foregoing, DOTmed's total liability to Seller arising from any cause whatsoever shall be limited to the commission paid to DOTmed on the auction at issue. Seller hereby acknowledges that in the event Seller fails to convey clear title and/or free possession of the Auctioned Item to the Successful Bidder as notified by DOTmed, Seller will be permanently precluded from listing or bidding for auction through DOTmed, and will be subject to legal action and such conduct may be published on this Site. Seller understands that this Notice of Auction is subject to acceptance by DOTmed. Seller hereby acknowledges that the timing for auction of the Auctioned Item is as stated above. Seller agrees that in the event DOTmed does not conduct the auction by the designated date, Seller may withdraw from the auction and DOTmed shall have no further liability or obligation thereafter to Seller whatsoever. Last Updated December, 2007 Copyright 2003-2007 DOTmed.Com, Inc. All Rights Reserved |
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