Common use of REAL ESTATE BROKER Clause in Contracts

REAL ESTATE BROKER. Tenant and Landlord represent to each other that it has not dealt with any real estate broker, agent or finder with respect to this Lease except for any broker(s) listed in paragraphs F. & G. of the Schedule, if any, and no other broker, agent or finder is in any way entitled to any broker’s fee, compensation or other payment in connection with this Lease. Landlord shall pay Tenant’s Broker a commission in an amount identified by separate agreement between Landlord, Tenant and Tenant’s Broker, payable one-half upon Lease execution and one-half at the Commencement Date (the “Tenant’s Broker Commission”). Landlord shall pay Landlord’s Broker a commission pursuant to a separate agreement. Except for claim for the Tenant’s Broker Commission, Tenant shall indemnify, defend, protect and hold Landlord harmless from any claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Tenant’s Broker. Landlord shall indemnify, defend, protect and hold Tenant harmless from any Claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Landlord’s Broker. Each party shall indemnify, protect, defend and hold harmless the other party against all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing on account of the indemnifying party’s dealings with any broker, agent or finder other than the Brokers listed in paragraphs F. & G. of the Schedule.

Appears in 3 contracts

Samples: Lease (Juno Therapeutics, Inc.), Sublease Agreement (Juno Therapeutics, Inc.), Lease (Juno Therapeutics, Inc.)

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REAL ESTATE BROKER. Tenant The Seller and Landlord the Buyer each warrant and represent to one another that no real estate broker was involved in any way in introducing them to each other that it has not dealt with any real estate brokerand in procuring this Agreement, agent or finder with respect to this Lease except for any broker(s) listed in paragraphs F. & G. Insignia/Xxxxxx X. Xxxxxx (hereinafter referred to as the "Broker"). The Seller agrees to pay a commission to the Broker, upon closing and transfer of title an amount equal to 4.0% of the Schedule, if any, and Purchase Price to the Broker (the "Commission"). In no other broker, agent or finder is in any way entitled to any broker’s fee, compensation or other payment in connection with this Lease. Landlord event shall pay Tenant’s Broker a the commission in an amount identified by separate agreement between Landlord, Tenant and Tenant’s Brokerbe deemed earned, payable one-half upon Lease execution or due unless and one-half at until the Commencement Date (closing and transfer of title to the “Tenant’s Broker Commission”)Premises from Seller to Buyer. Landlord shall pay Landlord’s Broker a commission pursuant to a separate agreement. Except for Should there be asserted against either Seller or Buyer any claim for the Tenant’s Broker Commission, Tenant shall indemnify, defend, protect and hold Landlord harmless from any claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing a brokerage commission, finder’s finders fee or similar fee other compensation than as described in this paragraph 12, as the result of any actual or alleged to be owing agreement, written or oral, or any action made or undertaken by or through Tenant’s Broker. Landlord shall indemnifythe other party, defend, protect and hold Tenant harmless from any Claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and then such other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Landlord’s Broker. Each party shall indemnify, protect, defend and hold save harmless the Seller or Buyer, as the case may be, from any liability, damages, losses, costs and expenses related thereto, including reasonable attorneys fees. In case any action shall be brought against the Seller or the Buyer for an alleged brokerage commission or finders fee and in respect to which indemnity may be sought against either of them, the party against whom such action was brought shall promptly notify the other party against in writing and the indemnifying party shall assume the defense thereof, including the employment of counsel selected by the indemnifying party (which counsel shall be reasonably satisfactory to the indemnified party), the payment of all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including and the right to negotiate and consent to settlement. Upon reasonable attorneys’ feesdetermination made by the indemnified party, expert feesthe indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof; provided, however, that the indemnified party shall pay the costs and other expenses) expenses incurred in connection with the employment of separate counsel. The indemnifying party shall not be liable for any leasing commissionsettlement of any such action effected without its consent, finder’s fee but if settled with its consent, or other compensation alleged to be owing on account of if there is a final judgment for the claimant in any such action, the indemnifying party’s dealings with party agrees to indemnify and save harmless the indemnified party against whom such action was brought from and against any broker, agent loss or finder other than liability by reason of such settlement or judgment. The provisions of this Paragraph 12 shall survive the Brokers listed in paragraphs F. & G. closing of title and/or termination of this Agreement and shall not merge into the ScheduleDeed.

Appears in 2 contracts

Samples: Agreement of Sale (Cunningham Graphics International Inc), Agreement of Sale (Cunningham Graphics International Inc)

REAL ESTATE BROKER. Xxxxxxx & Wakefield of Georgia, Inc. ("Tenant's Broker") is entitled to a leasing commission from Landlord by virtue of this Lease, which leasing commission shall be paid by Landlord to Tenant's Broker upon and subject to the terms of a separate written agreement between Landlord and Tenant's Broker. Tenant hereby authorizes Tenant's Broker and Landlord represent to each identify Tenant as a tenant of the Building and to state the amount of space leased by Tenant in advertisements and promotional materials relating to the Building. Tenant represents and warrants to Landlord that, except with respect to Tenant's Broker which has acted as agent for Tenant (and not for Landlord) in this transaction, no broker, agent, commission salesperson, or other that it person has represented Tenant in the negotiations for and procurement of this Lease and of the Premises and that, except with respect to Tenant's Broker, no commissions, fees or compensation of any kind are due and payable in connection herewith to any broker, agent, commission salesperson or other person as a result of any act or agreement of Tenant. Tenant agrees to indemnify and hold Landlord harmless from all loss, liability, damage, claim, judgment, cost or expense (including reasonable attorneys' fees and court costs) suffered or incurred by Landlord as a result of a breach by Tenant of the representation and warranty contained in the immediately preceding sentence or as a result of Tenant's failure to pay commissions, fees or compensation due to any broker who represented Tenant, whether or not dealt disclosed, or as a result of any claim for any fee, commission or similar compensation with respect to this Lease made by any real estate broker, agent or finder (other than Tenant's Broker) claiming to have dealt with respect to Tenant, whether or not such claim is meritorious. The parties hereto do hereby acknowledge and agree that CarrAmerica Realty Corporation has acted as agent for Landlord in this Lease except for any broker(s) listed in paragraphs F. & G. of the Schedule, if any, transaction and no other broker, agent or finder is in any way entitled to any broker’s fee, compensation or other payment shall be paid a commission by Landlord in connection with this Leasetransaction pursuant to the terms of a separate written commission agreement. CarrAmerica Realty Corporation has not acted as agent for Tenant in this transaction. Landlord shall pay Tenant’s Broker a commission in an amount identified by separate agreement between Landlord, hereby warrants and represents to Tenant and Tenant’s Broker, payable one-half upon Lease execution and one-half at the Commencement Date (the “Tenant’s Broker Commission”). that Landlord shall pay Landlord’s Broker a commission pursuant to a separate agreement. Except for claim for the Tenant’s Broker Commission, Tenant shall indemnify, defend, protect and hold Landlord harmless from any claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Tenant’s Broker. Landlord shall indemnify, defend, protect and hold Tenant harmless from any Claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Landlord’s Broker. Each party shall indemnify, protect, defend and hold harmless the other party against all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing on account of the indemnifying party’s dealings has not dealt with any broker, agent or finder other than the Brokers listed CarrAmerica Realty Corporation in paragraphs F. & G. connection with this Lease, and, Landlord hereby agrees to indemnity and hold Tenant harmless from and against any and all loss, damage, liability, claim, judgment, cost or expense (including, but not limited to, reasonable attorneys' fees and court costs) that may be incurred or suffered by Tenant because of the Scheduleany claim for any fee, commission or similar compensation with respect to this Lease made by any broker, agent or finder claiming to have represented Landlord.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Edutrek Int Inc)

REAL ESTATE BROKER. Tenant represents and warrants to Landlord represent to each other that it Tenant has not dealt with any real estate no broker, agent or finder other intermediary in connection with respect to this Lease except for any broker(s) listed other than Landlord’s Leasing Agent and Tenant’s Leasing Agent identified in paragraphs F. & G. of the ScheduleSection 1.11, if any, and that insofar as Tenant knows, no other broker, agent or finder is in any way entitled other intermediary negotiated this Lease or introduced Tenant to any broker’s fee, compensation Landlord or other payment in connection with this Lease. Landlord shall pay brought the Building to Tenant’s Broker a commission in an amount identified by separate agreement between Landlord, Tenant and Tenant’s Broker, payable one-half upon Lease execution and one-half at the Commencement Date (the “Tenant’s Broker Commission”). Landlord shall pay Landlord’s Broker a commission pursuant to a separate agreement. Except for claim attention for the Tenant’s Broker Commission, lease of space therein. Tenant shall agrees to indemnify, defend, protect and hold Landlord harmless from any claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Tenant’s Broker. Landlord shall indemnify, defend, protect and hold Tenant harmless from any Claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Landlord’s Broker. Each party shall indemnify, protect, defend and hold Landlord and its partners, employees, agents, their officers and partners, harmless the other party from and against all claims, demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing on account of the indemnifying party’s dealings with claims made by any broker, agent or finder other intermediary other than the Brokers listed Landlord’s Leasing Agent and Tenant’s Leasing Agent identified in paragraphs F. & G. Section 1.11, with respect to a claim for broker’s commission or fee or similar compensation due to Tenant’s breach of the Scheduleforegoing representation and warranty. Landlord represents and warrants to Tenant that Landlord has dealt with no broker, agent or other intermediary in connection with this Lease other than Landlord’s Leasing Agent and Tenant’s Leasing Agent identified in Section 1.11, if any, and that insofar as Landlord knows, no other broker, agent or other intermediary negotiated this Lease or introduced Landlord to Tenant or brought the Building to Tenant’s attention for the lease of space therein. Landlord agrees to indemnify, defend and hold Tenant and its partners, employees, agents, their officers and partners, harmless from and against any claims made by any broker, agent or other intermediary other than Landlord’s Leasing Agent and Tenant’s Leasing Agent identified in Section 1.11, with respect to a claim for broker’s commission or fee or similar compensation due to Landlord’s breach of the foregoing representation and warranty. In addition, Landlord shall pay and all commissions due with respect to this Lease to Landlord’s Leasing Agent and Tenant’s Leasing Agent in accordance with one or more separate agreements.

Appears in 1 contract

Samples: Lease (Erytech Pharma S.A.)

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REAL ESTATE BROKER. Tenant represents and Landlord represent to each other warrants that it the Tenant has not ------------------ dealt with any real estate no broker, agent or finder in connection with respect to this Lease except for any broker(sother than XxXxxxxxx Realty Corp. ("XxXxxxxxx"), Node Com, Inc. ("Node Com") listed in paragraphs F. & G. of and Insignia/ESG ("Insignia") and insofar as the ScheduleTenant knows, if any, and no other broker, agent or finder negotiated this Lease or is in any way entitled to any commission or fee in connection herewith. Except with respect to Node Com and Insignia representing Tenant and XxXxxxxxx, Tenant agrees to indemnify, defend and hold Landlord free and harmless from and against all claims for broker’s fee, compensation 's or other payment agent's commissions or finder's fees by any person claiming to have been retained by Tenant in connection with this Leasetransaction, or any other losses, costs, expenses (including, without limitation, reasonable attorney's fees), liabilities, damages, causes of action or suits arising out of the alleged employment or use of a broker, agent or finder by Tenant. Landlord shall agrees to pay Tenant’s Broker a commission in an amount identified by separate agreement between LandlordXxXxxxxxx, Tenant Node Com and Tenant’s Broker, payable one-half upon Lease execution and one-half at the Commencement Date (the “Tenant’s Broker Commission”). Landlord shall pay Landlord’s Broker a commission Insignia real estate commissions pursuant to a separate agreement. Except for claim for the Tenant’s Broker Commission, Tenant shall indemnify, defend, protect and hold Landlord harmless from any claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged Landlord agrees to be owing by or through Tenant’s Broker. Landlord shall indemnify, defend, protect and hold Tenant harmless from any Claims demands, losses, liabilities, lawsuits, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee or other compensation alleged to be owing by or through Landlord’s Broker. Each party shall indemnify, protect, defend and hold Tenant free and harmless the other party from and against all claimsclaims for broker's or agent's commissions or finder's fees by any person claiming to have been retained by Landlord in connection with this transaction, demandsor any other losses, lossescosts, expenses (including, without limitation, reasonable attorney's fees), liabilities, lawsuitsdamages, judgments, and costs and expenses (including reasonable attorneys’ fees, expert fees, and other expenses) for any leasing commission, finder’s fee causes of action or other compensation alleged to be owing on account suits arising out of the indemnifying party’s dealings with any alleged employment or use of a broker, agent or finder other than the Brokers listed in paragraphs F. & G. of the Scheduleby Landlord.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

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