Common use of BROKER'S FEE Clause in Contracts

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 3 contracts

Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

BROKER'S FEE. (a) 10.1. Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Per Separate Agreement, a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, $XXXXXXX for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2. Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew the is Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3. Master lessor agrees, by its consent to this Sublease that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4. Any fee due from Sublessor or master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew as to any extension or renewal, upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease, or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder10.5. Any transferee of Sublessor's interest in this Sublease, or of master Lessor's interest in this the master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 15paragraph 10. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 3 contracts

Sources: Sublease Agreement (Cumetrix Data Systems Corp), Sublease Agreement (Cumetrix Inc), Sublease Agreement (Cumetrix Data Systems Corp)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(sbroker, (herein called Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee it Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇▇'s obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublesssee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master ▇▇▇▇▇▇’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_____________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto.

Appears in 2 contracts

Sources: Lease Agreement (Meade Instruments Corp), Lease Agreement (Meade Instruments Corp)

BROKER'S FEE. (a) Upon execution of this Lease hereof by both partiesall Parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed N/A a licensed real estate broker(s), broker (“Broker”) a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. (c) Master Lessor agrees that if Sublessee should exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (cd) Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. (e) Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master ▇▇▇▇▇▇’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 2 contracts

Sources: Sublease Agreement (Invest Inc.), Commercial Sublease Agreement (Invest Inc.)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) N/A Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $____, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale safe entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 2 contracts

Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate rate written agreement between Lessor and said broker(s), Brokers the sum as agreed, of $ for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises Premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (a) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactionstransitions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15I5. Said broker Each Broker shall be a third party beneficiary of the 15.5 Lessee and Lessor each represent and warrant to the provisions other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10 in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with re thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 151.10.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum of $ as agreed, agreed for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to Cornish & ▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Commercial Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 40.l of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 2 contracts

Sources: Standard Industrial Lease (Progenitor Inc), Standard Industrial Lease (Progenitor Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(sbroker, (herein called Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee it Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublesssee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third party -party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, See Addendum attached hereto for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, 15.4 Any buyer or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor▇▇▇▇▇▇'s interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor▇▇▇▇▇▇'s obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against ▇▇▇▇▇▇ and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorney's fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 2 contracts

Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_______________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that if that: (a) If Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises premises and/or any adjacent property in which Lessor has interest, or (e) if Base Rent is increased, whether by agreement or operation of an interestescalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor, do each hereby agree to indemnify, protect, defend and hold harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the Indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Coyote Sports Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to Johnson Commercial R▇▇▇ and Associates Commercial Brokerage Company ▇▇tate, Inc., Bob Deninger/Dean Bu▇▇ ▇▇▇ ▇▇▇ & ▇▇▇▇▇▇▇▇es (Mar▇ ▇ierce). License▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate te broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $33,929.28, for or brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule scheduled of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (H E R C Products Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ ) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker, or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorney's fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Microtel International Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed PACIFICA COMMERCIAL REALTY a licensed real estate broker(sbroker, ("BROKER"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $27,500.00 for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option of right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this Lease, whether such transfer is the Master Lease by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Valueclick Inc/Ca)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor ▇▇▇▇▇▇ and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor ▇▇▇▇▇▇ and said broker(s)Brokers, the sum as agreed, of $______________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, ▇▇▇▇▇▇ further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor ▇▇▇▇▇▇ shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) ▇▇▇▇▇▇▇ in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor▇▇▇▇▇▇'s interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor▇▇▇▇▇▇'s obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against ▇▇▇▇▇▇ and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Prolong International Corp)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Orion Realty Group, a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ zero for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (American National Financial Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed __________________________________ a licensed real estate broker(sbroker, (herein called Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ ________________________ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee it Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublesssee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed __________________ _____________a licensed real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of $__________________ for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) . Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) . Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Standard Industrial Lease (Alpha Technologies Group Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇▇and Associates Commercial Brokerage Company (----- & ▇▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Company a licensed real estate broker(sbroker, ("Broker"), a fee as set forth in --------------- a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $182,486.40 for brokerage services rendered ----------- by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of this paragraph 10. 10.6 ▇▇▇▇▇ & ▇▇▇▇▇ Company shall pay fifty percent (50%) of the provisions of this Paragraph 15above referenced commission to Colliers International.

Appears in 1 contract

Sources: Sublease Agreement (Top Tier Software Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor ▇▇▇▇▇▇ and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor ▇▇▇▇▇▇ and said broker(s)Brokers, the sum as agreed, of $ __PER AGREEMENT__ ) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, ▇▇▇▇▇▇ further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor ▇▇▇▇▇▇ shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) ▇▇▇▇▇▇▇ in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor▇▇▇▇▇▇'s interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor▇▇▇▇▇▇'s obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against ▇▇▇▇▇▇ and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Long Term Lease (Pacific Research & Engineering Corp)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing. Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, law shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers. If any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finders fee in connection with said transactions. Lessee and Lessor do each herby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed ▇▇▇▇▇▇▇, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Sublease Agreement (Inland Northwest Bancorporation Inc)

BROKER'S FEE. (a) The brokers involved in this transaction are CB Commercial Real Estate Group, Inc., as "listing broker," and, ▇▇▇▇▇▇▇ Realty Corporation, as Lessee's broker, both of which are licensed real estate brokers. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), a fee to CB Commercial as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, broker for brokerage services rendered by said broker(s) broker to Lessor in this transaction. Payment of any fee due to ▇▇▇▇▇▇▇ Realty is the responsibility of CB Commercial. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said Each listing and cooperating broker shall be a third party beneficiary of the provisions of this Paragraph 15paragraph 15 to the extent of their interest in any commission arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a (c) Lessee and Lessor each represents and warrants to the other that neither has had any dealings with any person, firm, broker or finder (other than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with said transaction and Lessee and Lessor do each hereby indemnify and hold the other harmless from and against any costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying party.

Appears in 1 contract

Sources: Lease (Citadel Holding Corp)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(sbroker, (herein called Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ _ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee it Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublesssee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) 15.1 The Broker's named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and Associates said Brokers ADDENDUM "A" to the contract (Standard Industrial/Commercial Brokerage Company (Single-Tenant Lease - Net) dated June 26, 1995 covering the premises commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇) Licensed real estate broker(s)▇▇▇▇, a fee ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ between FORMFACTOR, INC., as set forth in a separate agreement between Lessor Lessee and said broker(s), ▇▇▇▇ ▇. ▇▇▇▇▇▇ as Lessor. (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_15,000.00_ per agreement) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers for in the event there is no separable written agreement between Lessor and said Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $0) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interestinterest or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or lender (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction, Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Software Technologies Corp/)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ per agreed schedule) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is Paragraph 39.1) or any Option subsequently granted to Lessee under in this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Intellisys Group Inc)

BROKER'S FEE. (a) Upon execution of this Lease hereof by both partiesall Parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(s), broker (“Broker”) a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $_ rendered by Broker to Sublessor in this transaction. for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. Master Lessor agrees that if Sublessee should exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this Lease. (c) Sublease. Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunderat the close of escrow. Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to Colliers ▇▇▇▇▇▇▇ and Associates Commercial Brokerage Company (International, Inc./▇▇▇▇▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇) Licensed ▇▇▇▇, a licensed real estate broker(sbroker, therein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $N/A for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction to which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of law, accepting an assignment thereof shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Rita Medical Systems Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Beaver-Free Corp. a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $[separate agreement] for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal, upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Gary Player Direct Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇E▇▇▇ ▇▇▇▇▇▇▇▇) Licensed ▇ & Associates, Inc., licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $Per separate Agreement, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest ’s interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's ’s obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Drone USA Inc.)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) None Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor Lessee and said broker(s), the sum as agreedof $-0-, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, transactions Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Truetime Inc)

BROKER'S FEE. (a) Upon execution of this Lease hereof by both partiesall Parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(s), broker (“Broker”) a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. (c) Master Lessor agrees that if Sublessee should exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (cd) Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. (e) Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master Lessor’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) ________________________________________________________________________________ ________________________________________________ Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $____ , for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Mobility Electronics Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed N/A a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ ____________ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Lee Pharmaceuticals)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $0) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that if that: (a) If Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property transferee or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee or Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Dental Medical Diagnostic Systems Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, per agreement) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or and or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Worldwide Medical Corp/Ca/)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $___PER AGREEMENT___) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Steri Oss Inc)

BROKER'S FEE. (a) 15.1 The Broker's named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_____ per agreement) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $14,000) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction, Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (General Scanning Inc \Ma\)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) N/A Licensed real estate broker(s), a fee as set forth in a separate ---------- agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ N/A , for --------- brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Atmi Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Silverado Group, Inc. a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ n/a for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions, Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal, upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Virtual Gaming Technologies Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Rockford Corp)

BROKER'S FEE. (a) a. Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to Matlow-Kennedy Comm▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed tate Services, a licensed real estate broker(sbroker ("Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $648.48 for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further b. Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. c. Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) d. Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. e. Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Advanced Aerodynamics & Structures Inc/)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) to______________________________________________________________________________ Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $_____________, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property properly in which Lessor has an interest, then as to any of said transactions, transactions Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's Lessors obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Unity First Acquisition Corp)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇CORNISH & CARE▇ ▇▇▇▇▇▇▇▇) Licensed MERCIAL, a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s), Broker or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal, upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease, or at the close or escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Cybercash Inc)

BROKER'S FEE. 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Lessor shall pay (ai) Upon to Lessor's Broker a commission equal to $186,268.50, one-half of which to be paid on execution of this Lease by both partiesand one-half on the Commencement Date, Lessor shall pay and (ii) to ▇▇▇ Lessee's Broker a commission equal to $186,268.50, one-half of which to be paid on execution of this Lease and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in one-half on the event there is no separate agreement between Lessor and said broker(s), the sum as agreedCommencement Date, for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) Lessor further agrees that . In addition, if Lessee exercises any the Option as defined set forth in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession Paragraph 50 of the Premises after Addendum, and if Lessee's Broker is actively involved in the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as negotiations leading to any of said transactionssuch renewal, Lessor shall pay said broker(s) a fee in accordance to Lessee's Broker any commission payable with the schedule of said broker(s) in effect at the time of execution of this Leaserespect thereto. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.3 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.4 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any, named in paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses and attorneys' fees reasonably incurred with respect thereto. 15.5 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Lease (Skechers Usa Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor Landlord shall pay to Kidd▇▇, ▇▇th▇▇▇ and Associates Commercial Brokerage Company (& ▇egn▇▇▇▇ , ▇▇▇▇▇▇▇▇) Licensed c., a licensed real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor Landlord and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of 5% for brokerage services rendered by said broker(s) broker to Lessor Landlord in this transaction. (b) Lessor . Landlord further agrees that if Lessee Tenant exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Landlord may own or in which Landlord has an interest or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor Landlord has an interest, then as to any of said transactions, Lessor Landlord shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) Lessor . Landlord agrees to pay said fee not only on behalf of Lessor Landlord but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of LessorLandlord's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed LessorLandlord's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Sublease Agreement (Amazon Com Inc)

BROKER'S FEE. (a) Upon execution 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease by both partiesLease. 15.2 Under separate agreement, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $N/A) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Vdi Media)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, . Lessor shall pay to ▇▇▇ and Associates Pacific Inland Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Real Estate, a licensed real estate broker(s), brokers a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s)broker, the sum of $ as per agreed, for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) . Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then than as to any of said transactions, . Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) . Lessor agrees to pay said fee not only on behalf of Lessor Lessor, but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Standard Industrial Lease (Uti Corp)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇blank) Licensed real estate broker(s), ) a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $(blank), for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Xoma Corp /De/)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ ________________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest Interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or lender (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Omnivision Technologies Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed & CB Commercial, a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $14,505.12 for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Vista Medical Technologies Inc)

BROKER'S FEE. (a) a. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) NO BROKER Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of $ 0.0 for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further b. L▇▇▇▇▇ ▇▇▇ther agrees that if Lessee exercises any Option as defined in paragraph 39.1 40.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are am substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees c. L▇▇▇▇▇ ▇▇▇ees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such a fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 1516. Said broker shall be a third party beneficiary of the provisions of this Paragraph 1516.

Appears in 1 contract

Sources: Standard Industrial Lease (Optical Access Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to LEE & ASSOCIATES ARIZ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) AND URBAN INVESTMENT CORPORATION, Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of $______________ for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 3.9 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, law shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Solpower Corp)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed No Broker a licensed real estate broker(sbroker, ("Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ None for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further . 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Lee Pharmaceuticals)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Bristol Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Real Estate a licensed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $N/A for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Leasefirst refusal granted by Sublessor, which is granted to Lessee under this Leaseherein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease to purchase the Premises or any part thereof, or to lease of purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash. In accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension on or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction of the exercise of a right of first refusal to lease; or at the close of escrow as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Consent of Landlord (Cepheid)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates CB_ Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(s), broker. (herein called "Broker") a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s), Broker or in the tne event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ per agreement for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of first refusal granted by Sublessor herein or any option or right substantially similar thereto, either to extend the term of this LeaseSublease to renew this Sublease, which is granted to Lessee under this Leasepurchase the Premises, or any subsequently granted option to lease or purchase adjacent property which is substantially similar to Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest then as to any of said transactions Sublessor shall pay to Broker a fee in cash in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing Sublessor's obligatilon under this Paragraph 10.2 is limited to a transactton in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease or any option or right substantially similar thereto either to what Lessee would have acquired had an Option herein granted extend the Master Lease, to Lessee been exercisedrenew the Master Lease to purchase the Premises or any part thereof, or if Lessee remains to lease or purchase adjacent properly which Master Lessor may own or in possession of the Premises after the expiration of the term of this Lease after having failed to exercise which Master Lessor has an Option, interest or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or any part thereof, or any adjacent property which Matter Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee in cash in accordance with wih the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fees due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew as to any extension or renewal upon the execution of this Leaseany new lease as to a new lease transaction or the exercise of a right of first refusal to lease: or at the close of escrow as the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease or of Master Lessor's interest in this Lease, whether such transfer is the Master Lease by agreement or by operation of law, accepting an assignment thereof shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Brokfer shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Fotoball Usa Inc)

BROKER'S FEE. (a) The brokers involved in this transaction are ▇▇▇▇ Commercial Brokerage (▇▇▇▇▇▇) as "listing broker" and ▇▇▇▇ Commercial Brokerage (Ozimec) as "cooperating broker,* licensed real estate broker(s). A "cooperating broker" is defined as any broker other than the listing broker entitled to a share of any commission arising under this Lease. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate agreement between Lessor ▇▇▇▇▇▇ and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of $ per separate agreement for brokerage services rendered by said broker(s) to Lessor in this transaction. . (b) Lessor further agrees that (I) if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or (if) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (III) if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or (iv) if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (v) if the Base Rent is increased, whether by agreement or operation of an escalation clause contained herein, then as to any of said transactionstransactions or rent increases, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said . Said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of paid at the provisions of this Paragraph 15time such increased rental is determined.

Appears in 1 contract

Sources: Sublet Agreement (California Software Corp)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. Initials _________ _________ 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (North American Scientific Inc)

BROKER'S FEE. (a) Upon execution of this Lease hereof by both partiesall Parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(s), broker (“Broker”) a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. (c) Master Lessor agrees that if Sublessee should exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (cd) Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. (e) Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master ▇▇▇▇▇▇’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ (per agreement) for brokerage services ------------- rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Doskocil Manufacturing Co Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate rate written agreement between Lessor and said broker(s), Brokers the sum as agreed, of $ for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph Paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, ) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises Premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (a) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactionstransitions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15I5. Said broker Each Broker shall be a third party beneficiary of the 15.5 Lessee and Lessor each represent and warrant to the provisions other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10 in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with re thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 151.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) a N/A Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ N/A , for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Lease or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Stock Purchase Agreement (99 Cents Only Store)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates CB Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Real Estate Group, Inc., licensed real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s)broker, the sum as agreed, of $per agreement for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) , Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, . Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) lease. Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Standard Industrial Lease (Rosetta Inpharmatics Inc)

BROKER'S FEE. (a) The broker involved in this transaction are ▇▇▇ & Associates as "broker", licensed real estate broker. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), broker a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, broker for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said Each listing and cooperating broker shall be a third party beneficiary of the provisions of this Paragraph 15paragraph 15 to the extent of their interest in any commission arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a right to any part of such total commission shall be a necessary party to any suit with respect thereto. (c) Lessee and Lessor each represents and warrants to the other that neither has had any dealings with any person, firm, broker or finder (other than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with said transaction and Lessee and Lessor do each hereby indemnify and hold the other harmless from and against any costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying party.

Appears in 1 contract

Sources: Standard Office Lease (Entertainment Boulevard Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both bath parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) -0- Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ -0-, for brokerage services rendered by said broker(s) to Lessor in this transaction. . (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this thus Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights nights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) ), a fee in accordance with the schedule of said broker(s) in effect at the time of home at execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 1516.

Appears in 1 contract

Sources: Standard Industrial Lease (Newstar Media Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed N/A, a licensed real estate broker(sbroker ("Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ N/A for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor, or seller. 10.3 Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted by Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as thereas to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Innovative Card Technologies Inc)

BROKER'S FEE. The Company on the one hand, and each Subscriber (afor himself only) Upon execution on the other hand, agree to indemnify the other against and hold the other harmless from any and all liabilities to any persons claiming brokerage commissions or broker's fees other than Berry-Shino Securities, Inc. ("Broker") on account of services purported to have been rendered on behalf of the indemnifying party in connection with this Lease by both partiesAgreement or the transactions contemplated hereby and arising out of such party's actions. Anything to the contrary in this Agreement notwithstanding, Lessor shall each Subscriber is providing indemnification only for such Subscriber's own actions and not for any action of any other Subscriber. Each Subscriber's liability hereunder is several and not joint. The Company agrees that it will pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), the Broker a fee as set forth in a separate agreement between Lessor equal to ten percent (10%) of the Purchase Price ("Broker's Fees") and said broker(sten percent (10%) of the cash proceeds received by the Company from Warrant exercise ("Warrant Exercise Compensation"). The Warrant Exercise Compensation shall be payable to the Broker within ten (10) days after receipt of Warrant exercise proceeds by the Company. The Broker will also receive on the Closing Date, or in one (1) Warrant for each five (5) Warrants issued to the event there is no separate agreement between Lessor and said broker(sSubscribers ("Broker's Warrants"), . The Broker's Warrants will be identical to the sum as agreed, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees Warrants except that if Lessee exercises any Option the "Purchase Price" as defined in paragraph 39.1 of this Leasethe Broker's Warrants shall be $.25 per Warrant Share. The Company represents that there are no other parties entitled to receive fees, which is commissions, or similar payments in connection with the Offering except the Broker. All the representations, covenants, warranties, undertakings, remedies, liquidated damages, indemnification, and other rights including but not limited to registration rights made or granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option for the benefit of the Subscribers are hereby also made and granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described Broker in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession respect of the Premises after the expiration Broker's Warrants and Warrant Shares issuable upon exercise of the term of this Lease after having failed Broker's Warrants. References herein to Warrants and Warrant Shares shall include Broker's Warrants and Warrant Shares issuable upon exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Broker's Warrants.

Appears in 1 contract

Sources: Subscription Agreement (Provo International Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed ▇ Company. a licensed real estate broker(sbroker, ("Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $ pursuant to agreement for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is substantially or right Substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to exercise an Optionrenew this Sublease, to purchase the Promises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees that if said broker(s) are Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an interest. or if Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property in which Master Lessor owns or In which it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 15. Said broker 10, Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Consent to Sublease (2themart Com Inc)

BROKER'S FEE. (aA) The brokers involved in this transaction are South Park Group, Inc. ---------------------- as "listing broker" and ▇▇▇▇▇▇▇▇ and Company Realtors as "cooperating broker," ----------------------------- licensed real estate broker(s). A "cooperating broker" is defined as any broker other than the listing broker entitled to a share of any commission arising under this Lease. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum of $as agreed, per separate ---------------- agreement for brokerage services rendered by said broker(s) to Lessor in this --------- transaction. (bB) Lessor further agrees that (i) if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or (ii) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (iii) if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or (iv) if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (v) if the Base Rent is increased, whether by agreement or operation of an escalation clause contained herein, then as to any of said transactionstransactions or rent increases, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. Said fee shall be paid at the time such increased rental is determined. (cC) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said Each listing and cooperating broker shall be a third party beneficiary of the provisions of this Paragraph 15paragraph 15 to the extent of their interest in any commission arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a right to any part of such total commission shall be a necessary party to any suit with respect thereto. (D) Lessee and Lessor each represent and warrant to the other that neither has had any dealings with any person, firm, broker or finder (other than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with said transaction and Lessee and Lessor do each hereby indemnify and hold the other harmless from and against any costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying party.

Appears in 1 contract

Sources: Standard Office Lease (Us Search Corp Com)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company Horizon Real Estate Group, Inc. (▇▇▇▇ ▇▇▇▇▇ & ▇▇▇▇ ▇▇▇▇) Licensed ), a licensed real estate broker(sbrokerage firm, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ N/A for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to exercise renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease lease, sublease, or sale entered into between the parties pertaining to the Premises and/or or any adjacent property which Sublessor may own or in which Lessor Sublessor has an interest, then as to any of said transactions, Lessor transaction Sublessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationas to any extension or renewal; upon the execution of any new lease, association, as to a new lease transaction or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. the exercise of a right of first refusal to lease; 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 15. Said broker 10, Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Duraswitch Industries Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, . Lessor shall pay to ▇▇▇ and Associates BT Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed Real Estate, a licensed real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s)broker, the sum as agreedof $19,256.88, for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) . Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) lease. Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Standard Industrial Lease (Organic Food Products Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease, 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ ) for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing. Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises Premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease Lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement agreements or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party Party beneficiary of the provisions of this Paragraph 1525 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors.

Appears in 1 contract

Sources: Lease Agreement (Tmci Electronics Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) N/A Licensed real estate broker(s), a fee as set forth in a separate ----------- agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ N/A -------------, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Coyote Sports Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of (by separate agree.) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39. 1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or lb) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the (he expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other another lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or tender (other than the Brokers, if any named in Paragraph 1. 10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm, or entity other than said named Brokers is entitled to any commission or Finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Single Tenant Lease (Microage Inc /De/)

BROKER'S FEE. Fees shall be adjusted with any rent adjustments. (a) Upon execution of this Lease by both parties, Lessor shall pay to Erne▇▇ and Associates Commercial Brokerage Company (▇▇▇ . ▇▇▇▇▇▇ $▇,938.39 (50%) and Paul ▇▇▇▇, $▇,938.38 (50%) Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is Is no separate agreement between Lessor and said broker(s), the sum as agreedof $9,876.77, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if it Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Lease Agreement (Bikers Dream Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed separate -------- agreement paid by FMB, a licensed real estate broker(sbroker, (herein called "Broker"), --------------------- a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ ___________________ for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, sublease, or sale pertaining to the Premises or other premises described any adjacent property wich Sublessor may own or in which Sublessor has an interest, then as to any of said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as a sublessor, lessor or seller. 10.3 Master Lessor agrees, by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal; upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Inland Northwest Bancorporation Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $ per agreement for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any subsequently Option subsequentiy granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right direcily against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Who Vision Systems Inc /Fl)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both all parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed CPS a licensed real estate broker(sbroker, ("BROKER"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, for brokerage services rendered by said broker(s) to Lessor in this transaction.Broker, (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. 10.3 Master Lessor agrees that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (c) 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third- party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Mediaplex Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed per agreement __________, licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ per agreement , for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 40.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then than as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Biosite Diagnostics Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇) Commercial Brokerage Company, Inc. as per letter agreement dated September 24, 1992 Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $_______, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactionstransaction, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Earth & Ocean Sports Inc)

BROKER'S FEE. (a) 10.1 Upon execution of this Lease hereof by both said parties, Lessor Sublessor shall pay to ▇▇▇ Classic Real Estate Corporation and Associates Commercial Brokerage Company (Grubb & Ellis, a licensed real es▇▇▇▇ bro▇▇▇▇▇▇▇▇) Licensed real estate broker(s▇ (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no not a separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $ N/A for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to extend the term of this Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an option granted to Lessee under this Lease interest, or if Lessee acquires Broker is the procuring cause of any rights lease, Sublease, or sale pertaining to the Premises or other premises described any adjacent property which Sublessor may own or in which Sublessor has an interest, then as to any said transactions Sublessor shall pay to Broker a fee, in cash, in accordance with the schedule of Broker in effect at the time of the execution of this Lease Sublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which are Sublessor is acting as sublessor, Lessor or seller. 10.3 Master Lessor agrees by its consent to this Sublease, that if Sublessee shall exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to what Lessee would have acquired had extend the Master Lease, to renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Option herein granted to Lessee been exercisedinterest, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, transactions Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of its consent to this Sublease. 10.4 Any fee due from Sublessor or Master Lessor hereunder shall be due and payable upon the exercise of any option to extend or renew, as to any extension or renewal, upon the execution of this Leaseany new lease, as to a new lease transaction or the exercise of a right of first refusal to lease, or at the close of escrow, as to the exercise of any option to purchase or other sale transaction. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. 10.5 Any transferee of Sublessor's interest in the Sublessee, or at Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 1510.

Appears in 1 contract

Sources: Sublease Agreement (Premium Cigars International LTD)

BROKER'S FEE. (a) Upon execution of The brokers involved in this Lease by both partiestransaction are ▇▇▇ & Associates as "dual agent", (collectively "Brokers"). Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s), said brokers a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, broker for brokerage services rendered by said broker(s) broker to Lessor in this transaction. The fee paid by Lessor shall constitute full satisfaction of amounts claimed by ▇▇▇ & Associates. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said Each listing broker shall be a third party beneficiary of the provisions of this Paragraph 15paragraph 15 to the extent of their interest in any commission arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a right to any part of such total commission shall be a necessary party to any suit with respect thereto. (c) Lessee and Lessor each represents and warrants to the other that neither has had any dealings with any person, firm, broker or finder (other than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with said transaction and Lessee and Lessor do each hereby indemnify and hold the other harmless from and against any costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying party.

Appears in 1 contract

Sources: Standard Office Lease (Loudeye Technologies Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate rate written agreement between Lessor and said broker(s), Brokers the sum as agreed, of $ for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph Paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, ) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises Premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (a) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactionstransitions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the 15.5 Lessee and Lessor each represent and warrant to the provisions other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10 in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with re thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 151.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) __________________________________________________________________ Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $_______________, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (Valley Media Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) No Broker Licensed real estate broker(s), a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ None, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Lease Agreement (Microtel International Inc)

BROKER'S FEE. (a) 15.1. The Brokers named in Paragraph 1,10 are the procuring causes of this Lease. 15.2. Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_____________) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3. Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder15.4. Any buyer or transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5. Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6. Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10. [Entire Section 15 struck through.]

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Aetrium Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates BT Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed and CB Commercial a licensed real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreed, of $7,560.00 for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) . Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said Premises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) . Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Industrial Lease (Conceptus Inc)

BROKER'S FEE. (a) Upon 10.1 After execution of this Lease hereof by both partiesall parties and upon occupancy by Sublessee, Lessor Sublessor shall pay to ▇▇▇ Keegan and Associates Commercial Brokerage Company (▇▇▇▇ Coppin Co. Inc., a ▇▇▇▇▇▇▇▇) Licensed nsed real estate broker(sbroker, (herein called "Broker"), a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no separate agreement between Lessor Sublessor and said broker(s)Broker, the sum as agreed, of $13,500 for brokerage services rendered by said broker(s) Broker to Lessor Sublessor in this transaction. (b) Lessor further 10.2 Sublessor agrees that if Lessee Sublessee exercises any Option as defined in paragraph 39.1 option or right of this Lease, which is first refusal granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to exercise renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease lease, sublease, or sale entered into between the parties pertaining to the Premises and/or or any adjacent property which Sublessor may own or in which Lessor Sublessor has an interest, then as to any of said transactions, Lessor transactions Sublessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. Notwithstanding the foregoing, Sublessor's obligation under this Paragraph 10.2 is limited to a transaction in which Sublessor is acting as a sublessor, lessor or seller. (c) 10.3 [Paragraph omitted] 10.4 Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationas to any extension or renewal; upon the execution of any new lease, associationas to a new lease transaction or the exercise of a right of first refusal to lease; or at the close of escrow, as to the exercise of any option to purchase or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. sale transaction. 10.5 Any transferee of Sublessor's interest in this Sublease, or of Master Lessor's interest in this the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15paragraph 10.

Appears in 1 contract

Sources: Sublease Agreement (Arterial Vascular Engineering Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) N/A Licensed real estate broker(s), a fee ▇▇▇ as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $ N/A, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale sa1e entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee be is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Lease Modification Agreement (Natural Gas Vehicle Systems Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of $_________________) for brokerage services rendered by said broker(s) to Broker [illegible] 15.3 Unless Lessor and Brokers have otherwise agreed in this transaction. (b) writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to in any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity of other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction, Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees, reasonably incurred with respect thereto.

Appears in 1 contract

Sources: Lease Agreement (Consolidated Capital of North America Inc)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ 50/50 to Cornish & ▇▇▇▇▇▇▇▇) ▇ and Blickman Turkus Licensed real estate broker(s), a --------------------------------------------- fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor ▇▇▇▇▇▇ and said broker(s), the sum as agreedof $ As Per Agreement, for brokerage services rendered by said broker(s) ----------------- to Lessor in this transaction. (b) Lessor ▇▇▇▇▇▇ further agrees that if Lessee exercises any Option as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor ▇▇▇▇▇▇ agrees to pay said fee not only on behalf of Lessor ▇▇▇▇▇▇ but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor▇▇▇▇▇▇'s interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15.

Appears in 1 contract

Sources: Lease Agreement (Kinetics Group Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Broker's jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum of $ as agreed, per agreement) for brokerage services ---------------- rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated herein and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with such transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Building Lease (Callaway Golf Co /Ca)

BROKER'S FEE. (a) The brokers involved in this transaction are None as "listing broker" and None as "cooperating broker," licensed real estate broker(s). A "cooperating broker" is defined as any broker other than the listing broker entitled to a share of any commission arising under this Lease. Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $00.00, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that (i) if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or (ii) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (iii) if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Option, or (iv) if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (v) if the Base Rent is increased, whether by agreement or operation of an escalation clause contained herein, then as to any of said transactionstransactions or rent increases, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. Said fee shall be paid at the time such increased rental is determined. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said Each listing and cooperating broker shall be a third party beneficiary of the provisions of this Paragraph 15paragraph 15 to the extent of their interest in any commission arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a right to any part of such total commission shall be a necessary party to any suit with respect thereto. (d) Lessee and Lessor each represent and warrant to the other that neither has had any dealings with any person, firm, broker or finder (other than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in connection with said transaction and Lessee and Lessor do each hereby indemnify and hold the other harmless from and against any costs, expenses, attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying party.

Appears in 1 contract

Sources: Standard Office Lease (Guess Inc Et Al/Ca/)

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed ________________________________ a license real estate broker(s)broker, a fee as set forth in a separate agreement between Lessor and said broker(s)broker, or in the event there is no separate agreement between Lessor and said broker(s)agreement, the sum as agreed, of $0 for brokerage services rendered by said broker(s) broker to Lessor in this transaction. (b) . Lessor further agrees that if Lessee exercises any Option as defined in paragraph 39.1 option granted herein or any option substantially similar thereto, either to extend the term of this Lease, which is granted to Lessee under renew this Lease, to purchase said P remises or any subsequently granted option part thereof and/or any adjacent property which is substantially similar to Lessor may own or in which Lessor has an interest, or any other option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term of this Lease after having failed to exercise an Optionherein, or if said broker(s) are broker is the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) broker a fee in accordance with the schedule of said broker(s) broker in effect at the time of execution of this Lease. (c) . Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when which such fee is due hereunder. Any transferee of Lessor's ’s interest in this Lease, whether by accepting an assignment of such transfer is by agreement or by operation of lawinterest, shall be deemed to have assumed Lessor's ’s obligation under this Paragraph 15`5. Said broker shall be a third party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Lease Agreement (Strasbaugh)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Brokers (or in the event there is no separate written agreement between Lessor and said broker(s)Brokers, the sum as agreed, of 3% of total) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that that: (a) if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (b) if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder's fee in connection with said transaction. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys' fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Standard Industrial/Commercial Lease (Miravant Medical Technologies)

BROKER'S FEE. (a) Upon execution of this Lease hereof by both partiesall Parties, Lessor Sublessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed a licensed real estate broker(s), broker (“Broker”) a fee as set forth in a separate agreement between Lessor Sublessor and said broker(s)Broker, or in the event there is no such separate agreement between Lessor and said broker(s)agreement, the sum as agreed, for brokerage services of $_ rendered by said broker(s) ▇▇▇▇▇▇ to Lessor Sublessor in this transaction.. for brokerage services (b) Lessor further Sublessor agrees that if Lessee Sublessee exercises any Option option or right of first refusal as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Leaseby Sublessor herein, or any subsequently granted option which is or right substantially similar thereto, either to an option granted to Lessee under this Lease or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of extend the term of this Lease after having failed Sublease, to renew this Sublease, to purchase the Premises, or to lease or purchase adjacent property which Sublessor may own or in which Sublessor has an interest, then Sublessor shall pay to Broker a fee in accordance with the schedule of Broker in effect at the time of the execution of this Sublease. Notwithstanding the foregoing, Sublessor’s obligation under this Paragraph 10(b) is limited to a transaction in which Sublessor is acting as a Sublessor, lessor or seller. (c) Master Lessor agrees that if Sublessee should exercise any option or right of first refusal granted to Sublessee by Master Lessor in connection with this Sublease, or any option or right substantially similar thereto, either to extend or renew the Master Lease, to purchase the Premises or any part thereof, or to lease or purchase adjacent property which Master Lessor may own or in which Master Lessor has an Optioninterest, or if said broker(s) are Broker is the procuring cause of any other lease or sale entered into between the parties Sublessee and Master Lessor pertaining to the Premises and/or Premises, any part thereof, or any adjacent property which Master Lessor owns or in which Lessor it has an interest, then as to any of said transactions, Master Lessor shall pay said broker(s) to Broker a fee fee, in cash, in accordance with the schedule of said broker(s) Broker in effect at the time of the execution of this LeaseSublease. (cd) Any fee due from Sublessor or Master Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf hereunder shall be due and payable upon the exercise of any personoption to extend or renew, corporationupon the execution of any new lease, associationor, or other entity having an ownership interest in said real property or any part thereofthe event of a purchase, when such fee is due hereunder. at the close of escrow. (e) Any transferee of Lessor's Sublessor’s interest in this Sublease, or of Master ▇▇▇▇▇▇’s interest in the Master Lease, whether such transfer is by agreement or by operation of lawaccepting an assignment thereof, shall be deemed to have assumed Lessor's obligation the respective obligations of Sublessor or Master Lessor under this Paragraph 1510. Said broker Broker shall be deemed to be a third third-party beneficiary of the provisions of this Paragraph 15Paragraph.

Appears in 1 contract

Sources: Sublease Agreement

BROKER'S FEE. (a) Upon execution of this Lease by both parties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) None Licensed real estate broker(s), ) a fee as set forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate agreement between Lessor and said broker(s), the sum as agreedof $0.00, for brokerage services rendered by said broker(s) to Lessor in this transaction. (b) Lessor further agrees that if Lessee exercises any Option Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, or any subsequently granted option which is substantially similar to an option Option granted to Lessee under this Lease Lease, or if Lessee acquires any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or if Lessee remains in possession of the Premises after the expiration of the term terms of this Lease after having failed to exercise an Option, or if said broker(s) are the procuring cause of any other lease or sale entered into between the parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, then as to any of said transactions, Lessor shall pay said broker(s) a fee in accordance with the schedule of said broker(s) in effect at the time of execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's interest interests in this Lease, whether such transfer is by agreement or by operation of law, law shall be deemed to have assumed Lessor's obligation under this Paragraph paragraph 15. Said broker shall be a third party beneficiary of the provisions of this Paragraph paragraph 15.

Appears in 1 contract

Sources: Standard Industrial Lease (CRL Network Services Inc)

BROKER'S FEE. (a) 15.1 The Brokers named in Paragraph 1.10 are the procuring causes of this Lease. 15.2 Upon execution of this Lease by both partiesParties, Lessor shall pay to ▇▇▇ and Associates Commercial Brokerage Company (▇▇▇▇ ▇▇▇▇▇▇▇▇) Licensed real estate broker(s)said Brokers jointly, or in such separate shares as they may mutually designate in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s), Broker (or in the this event there is no separate written agreement in writing, a fee as set forth in a separate written agreement between Lessor and said broker(s)Brokers s, the sum as agreed, of $ N/A ) for brokerage services rendered by said broker(s) Brokers to Lessor in this transaction. (b) 15.3 Unless Lessor and Brokers have otherwise agreed in writing, Lessor further agrees that ??? if Lessee exercises any Option (as defined in paragraph 39.1 of this Lease, which is granted to Lessee under this Lease, Paragraph 39.1) or any Option subsequently granted option which is substantially similar to an option Option granted to Lessee under in this Lease Lease, or (B) if Lessee acquires any rights right to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option herein granted to Lessee been exercised, or (c) if Lessee remains in possession of the Premises Premises, with the consent of Lessor, after the expiration of the term of this Lease after having failed to exercise an Option, or (d) if said broker(s) Brokers are the procuring cause of any other lease or sale entered into between the parties Parties pertaining to the Premises and/or any adjacent property in which Lessor has an interest, or (e) if Base Rent is increased, whether by agreement or operation of an escalation clause herein, then as to any of said transactions, Lessor shall pay said broker(s) Brokers a fee in accordance with the schedule of said broker(s) Brokers in effect at the time of the execution of this Lease. (c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, 15.4 Any buyer or other entity having an ownership interest in said real property or any part thereof, when such fee is due hereunder. Any transferee of Lessor's ’s interest in this Lease, whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's ’s obligation under this Paragraph 15. Said broker Each Broker shall be a third party beneficiary of the provisions of this Paragraph 1515 to the extent of its interest in any commission arising from this Lease and may enforce that right directly against Lessor and its successors. 15.5 Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder (other than the Brokers, if any named in Paragraph 1.10) in connection with the negotiation of this Lease and/or the consummation of the transaction contemplated hereby, and that no broker or other person, firm or entity other than said named Brokers is entitled to any commission or finder’s fee in connection with said transaction, Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar party by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys’ fees reasonably incurred with respect thereto. 15.6 Lessor and Lessee hereby consent to and approve all agency relationships, including any dual agencies, indicated in Paragraph 1.10.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)