Common use of Broker Commissions Clause in Contracts

Broker Commissions. Each party represents and warrants that it has dealt with no broker in connection with this Sublease and the transactions contemplated herein, except that Sublandlord has been represented by Kxxxxx Mxxxxxx (in such capacity, “KM-Sublandlord Broker”) and Binswanger (“Binswanger”, and together with KM-Sublandlord Broker, the “Primary Brokers”) and Subtenant has been represented by Kxxxxx Mxxxxxx (in such capacity, “KM-Subtenant Broker”) and Cxxxxxx Xxxxxx Commercial Real Estate Services, Inc., dba Cxxxxxx & Wxxxxxxxx (“C&W”, and together with KM-Subtenant Broker, the “Secondary Brokers”). Following full execution and delivery of this Sublease and the Consent, Sublandlord shall pay the commission payable to KM-Sublandlord Broker as a result of or in connection with this Sublease (the “Commission”) pursuant to, and in accordance with, the terms of a separate agreement between KM-Sublandlord Broker and Sublandlord. It is Sublandlord’s and Subtenant’s understanding that KM-Sublandlord Broker will share the Commission with Binswanger, and the Secondary Brokers pursuant to separate arrangements amongst KM-Sublandlord Broker, Binswanger and the Secondary Brokers, as applicable. Each party shall indemnify, defend and hold the other party free and harmless from and against any claim, loss, damage, liability, obligation, cost or expense, including reasonable attorneys’ fees suffered, incurred or asserted arising from the breach of the indemnifying party’s representations and warranties set forth in this Section 7. Under no circumstances will the Primary Brokers, the Secondary Brokers or any other broker or agent be deemed to be a third party beneficiary of this Sublease.

Broker Commissions. Each party Party represents and warrants that it has dealt with no broker in connection with this Sub-Sublease and the transactions contemplated herein, except that Sub-Sublandlord has been represented by Kxxxxx Mxxxxxx Savills Sxxxxxx (in such capacity, the “KM-Sublandlord Primary Broker”) and Binswanger (“Binswanger”, and together with KMSub-Sublandlord Broker, the “Primary Brokers”) and Subtenant has been represented by Kxxxxx Mxxxxxx Newmark Cornish & Cxxxx (in such capacity, “KM-Subtenant Broker”) and Cxxxxxx Xxxxxx Commercial Real Estate Services, Inc., dba Cxxxxxx & Wxxxxxxxx (“C&W”, and together with KM-Subtenant Broker, the “Secondary BrokersBroker”). Following full execution and delivery of this Sub-Sublease and the ConsentConsents, Sub-Sublandlord shall pay the commission payable to KM-Sublandlord the Primary Broker as a result of or in connection with this Sub-Sublease (the “Commission”) pursuant to, and in accordance with, the terms of a separate agreement between KMthe Primary Broker and Sub-Sublandlord (the “Primary Broker Agreement”), and Sublandlordneither Sub-Sublandlord nor Sub-Subtenant shall have any obligation to pay any portion of the Commission or any other commission to the Secondary Broker. It is Sub-Sublandlord’s and Sub-Subtenant’s understanding that KM-Sublandlord the Primary Broker will share the Commission with Binswanger, and the Secondary Brokers Broker pursuant to separate arrangements amongst KM-Sublandlord Broker, Binswanger and the Secondary Brokers, as applicablePrimary Broker Agreement. Each party Party shall indemnify, defend and hold the other party Party free and harmless from and against any claim, loss, damage, liability, obligation, cost or expense, including reasonable attorneys’ fees suffered, incurred or asserted arising from the breach of the indemnifying partyParty’s representations and warranties set forth in this Section 7. Under no circumstances will the Primary BrokersBroker, the Secondary Brokers Broker or any other broker or agent be deemed to be a third party beneficiary of this Sub-Sublease.

Broker Commissions. Each party represents and warrants that it has dealt with no broker in connection with this Sublease and the transactions contemplated herein, except that Sublandlord has been represented by Kxxxxx Mxxxxxx Xxxxxx Xxxxxxxx (in such capacity, “KM-Sublandlord Primary Broker”) and Binswanger (“BinswangerCo-Broker”), and together with KM-Sublandlord Broker, the “Primary Brokers”) and Subtenant has been represented by Kxxxxx Mxxxxxx (in such capacity, “KM-Subtenant Broker”) and Cxxxxxx Xxxxxx Commercial Real Estate Services, Inc., dba Cxxxxxx & Wxxxxxxxx Xxxxx Xxxx LaSalle (“C&W”, and together with KM-Subtenant Secondary Broker, the “Secondary Brokers”). Following full execution and delivery of this Sublease and the Consent, Sublandlord shall pay the commission payable to KM-Sublandlord the Primary Broker as a result of or in connection with this Sublease (the “Commission”) pursuant to, and in accordance with, to the terms of a separate agreement between KM-Sublandlord the Primary Broker and Sublandlord. It is Sublandlord’s and Subtenant’s understanding that KM-Sublandlord the Primary Broker will share the Commission with Binswanger, the Co-Broker and the Secondary Brokers Broker pursuant to a separate arrangements agreement amongst KM-Sublandlord Broker, Binswanger and the Secondary Brokers, as applicablesuch brokers. Each party shall indemnify, defend and hold the other party free and harmless from and against any claim, loss, damage, liability, obligation, cost or expense, including reasonable attorneys’ fees suffered, incurred or asserted arising from the breach of the indemnifying party’s representations representation and warranties warranty set forth in this Section 7. Under no circumstances will the Primary BrokersBroker, the Co-Broker, the Secondary Brokers Broker, or any other broker or agent be deemed to be a third party beneficiary of this Sublease.

Broker Commissions. Each party represents and warrants that it has dealt with no broker in connection with this Sublease and the transactions contemplated herein, except that Sublandlord has been represented by Kxxxxx Mxxxxxx Xxxxxx Xxxxxxx (in such capacity, “KM-Sublandlord Broker”) and Binswanger (“Binswanger”, and together with KM-Sublandlord Broker, the “Primary Brokers”) and Subtenant has been represented by Kxxxxx Mxxxxxx Xxxxxx Xxxxxxx (in such capacity, “KM-Subtenant Broker”) and Cxxxxxx Xxxxxxx Xxxxxx Commercial Real Estate Services, Inc., dba Cxxxxxx Xxxxxxx & Wxxxxxxxx Xxxxxxxxx (“C&W”, and together with KM-Subtenant Broker, the “Secondary Brokers”). Following full execution and delivery of this Sublease and the Consent, Sublandlord shall pay the commission payable to KM-Sublandlord Broker as a result of or in connection with this Sublease (the “Commission”) pursuant to, and in accordance with, the terms of a separate agreement between KM-Sublandlord Broker and Sublandlord. It is Sublandlord’s and Subtenant’s understanding that KM-Sublandlord Broker will share the Commission with Binswanger, and the Secondary Brokers pursuant to separate arrangements amongst KM-Sublandlord Broker, Binswanger and the Secondary Brokers, as applicable. Each party shall indemnify, defend and hold the other party free and harmless from and against any claim, loss, damage, liability, obligation, cost or expense, including reasonable attorneys’ fees suffered, incurred or asserted arising from the breach of the indemnifying party’s representations and warranties set forth in this Section 7. Under no circumstances will the Primary Brokers, the Secondary Brokers or any other broker or agent be deemed to be a third party beneficiary of this Sublease.