Indemnified Party Uses in Brokers Clause

Brokers from Amendment to Lease

THIS FIRST AMENDMENT TO LEASE (this First Amendment) is made and entered into as of April 29, 2014 (the Effective Date) by and between NEWARK EUREKA INDUSTRIAL CAPITAL LLC, a Delaware limited liability company (Lessor) and SMART MODULAR TECHNOLOGIES, INC., a California corporation (Lessee) with reference to the following facts:

Brokers. Lessor and Lessee each represent and warrant to the other that no broker or finder was instrumental in arranging or bringing about this transaction except for Cornish & Carey Newmark Knight Frank which represented Lessor and S5 Advisory Inc. which represented Lessee (Brokers), and except for Brokers, there are no claims or rights for brokerage commissions or finders fees in connection with the same. If any unnamed person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Lessor or Lessee relating to this transaction, then the party through whom such person makes his claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Paragraph 11 shall survive the expiration or early termination of the Lease. Lessor is responsible for paying the brokerage fee to its broker Cornish & Carey Newmark Knight Frank pursuant to a separate agreement.

Brokers from Amendment to Lease

THIS FIRST AMENDMENT TO LEASE (this First Amendment) is made and entered into as of April 29, 2014 (the Effective Date) by and between NEWARK EUREKA INDUSTRIAL CAPITAL LLC, a Delaware limited liability company (Lessor) and SMART MODULAR TECHNOLOGIES, INC., a California corporation (Lessee) with reference to the following facts:

Brokers. Lessor and Lessee each represent and warrant to the other that no broker or finder was instrumental in arranging or bringing about this transaction except for Cornish & Carey Newmark Knight Frank which represented Lessor and S5 Advisory Inc. which represented Lessee (Brokers), and except for Brokers, there are no claims or rights for brokerage commissions or finders fees in connection with the same. If any unnamed person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Lessor or Lessee relating to this transaction, then the party through whom such person makes his claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Paragraph 11 shall survive the expiration or early termination of the Lease. Lessor is responsible for paying the brokerage fee to its broker Cornish & Carey Newmark Knight Frank pursuant to a separate agreement.

Brokers from Mezzanine Loan Agreement

MEZZANINE LOAN AGREEMENT (this "Agreement"), dated as of the [__] day of November , 2015, by and between 32ND ST. LANDIS FAMILY HOLDINGS LLC, a Delaware limited liability company ("Borrower") and LANDWIN PARTNERS FUND I, LLC, Delaware limited liability company (together with its successors and assigns, "Lender").

Brokers. Borrower agrees to indemnify each Indemnified Party from claims of brokers and any other third parties arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, and Borrower agrees to indemnify, defend and hold each Indemnified Party harmless from any and all claims for brokerage commissions; Borrower hereby represents that Borrower has not dealt with any broker in regard to the Loan.

Brokers from Lease Agreement

Brokers. Landlord and Tenant represent and warrant to each other that no broker or finder other than Lieberman Earley & Co. was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finders fees in connection with this Lease by any person or entity other than Lieberman Earley & Co. Landlord shall be solely responsible for all fees and commissions payable to Lieberman Earley & Co. If any person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Landlord or Tenant, then the party through whom such person makes its claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including without limitation, reasonable attorneys fees and disbursements) incurred by the Indemnified Party in defending against the claim.

Brokers from Lease Agreement

Brokers. Landlord and Tenant represent and warrant to each other that no broker or finder other than Lieberman Earley & Co. was instrumental in arranging or bringing about this transaction and that there are no claims or rights for brokerage commissions or finders fees in connection with this Lease by any person or entity other than Lieberman Earley & Co. Landlord shall be solely responsible for all fees and commissions payable to Lieberman Earley & Co. If any person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Landlord or Tenant, then the party through whom such person makes its claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including without limitation, reasonable attorneys fees and disbursements) incurred by the Indemnified Party in defending against the claim.

Brokers from Amendment to Lease

THIS FIRST AMENDMENT TO LEASE (this First Amendment) is made and entered into as of April 29, 2014 (the Effective Date) by and between NEWARK EUREKA INDUSTRIAL CAPITAL LLC, a Delaware limited liability company (Lessor) and SMART MODULAR TECHNOLOGIES, INC., a California corporation (Lessee) with reference to the following facts:

Brokers. Lessor and Lessee each represent and warrant to the other that no broker or finder was instrumental in arranging or bringing about this transaction except for Cornish & Carey Newmark Knight Frank which represented Lessor and S5 Advisory Inc. which represented Lessee (Brokers), and except for Brokers, there are no claims or rights for brokerage commissions or finders fees in connection with the same. If any unnamed person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Lessor or Lessee relating to this transaction, then the party through whom such person makes his claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Paragraph 11 shall survive the expiration or early termination of the Lease. Lessor is responsible for paying the brokerage fee to its broker Cornish & Carey Newmark Knight Frank pursuant to a separate agreement.

Brokers from Agreement of Purchase and Sale

This Agreement, dated as of April 2, 2014 (the "Effective Date"), is between, PRAIRIE TOWNE LLC, an Illinois limited liability company ("Seller"), and AMERICAN REALTY CAPITAL IV, LLC, a Delaware limited liability company ("Buyer").

Brokers. The parties represent and warrant to each other that no broker or finder was instrumental in arranging or bringing about this transaction on behalf of the representing party except for (i) May Center Advisors LLC ("Seller's Broker") and (ii) Buyer's Consultants. At Closing, Seller shall pay the commission due, if any, to Seller's Broker, which shall be paid pursuant to a separate agreement between Seller and Seller's Broker. Buyer shall pay any commissions or fees owed to Buyer's Consultants pursuant to a separate agreement between Buyer and Buyer's Consultants. If any other person brings a claim for a commission or finder's fee based upon any contact, dealings or communication with Buyer or Seller, then the party through whom such person makes his claim shall defend the other party (the "Indemnified Party") from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including without limitation, court costs and reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Section 6.1 shall survive the Closing or, if the purchase and sale is not consummated, any termination of this Agreement.

Brokers from Agreement of Purchase and Sale

THIS AGREEMENT OF PURCHASE AND SALE (as it may be amended from time to time, in accordance with the terms hereof, this Agreement) dated as of April 1, 2014 (the Closing Date), is made by and between TELLABS OPERATIONS, INC., a Delaware corporation (Seller), and SELECT INCOME REIT, a Maryland real estate investment trust (Buyer).

Brokers. Each party represents and warrants to the other that except for Colliers International, whose address is 2050 West 190th Street, Suite 101, Torrance, California 90504, and Cushman and Wakefield of Illinois, Inc., whose address is 200 South Wacker Drive, Suite 2800, Chicago, Illinois 60606 (individually, the Broker and collectively, the Brokers), whose commission shall be paid by Seller upon the Closing, no broker or finder was instrumental in arranging or bringing about this transaction on its behalf and that there are no claims or rights for brokerage commissions or finders fees by any broker or other agent acting on its behalf in connection with the transactions contemplated by this Agreement. If any Broker brings a claim for a commission or finders fee in connection with the transactions contemplated by this Agreement, then Seller shall defend Buyer from such claim, and Seller shall indemnify Buyer and hold Buyer harmless from any and all reasonable costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys fees and disbursements) actually incurred by Buyer in connection with such claim. Otherwise, if any person brings a claim for a commission or finders fee based upon any contact, dealings or communication with Buyer or Seller, then the party through whom such person makes his claim shall defend the other party (the Indemnified Party) from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all reasonable costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys fees and disbursements) actually incurred by the Indemnified Party in connection with such claim. The provisions of this Section 6.1 shall survive the Closing.

Brokers from Agreement of Purchase and Sale

THIS AGREEMENT OF PURCHASE AND SALE ("Agreement") dated as of June 12, 2013 (the "Effective Date"), is by and among MOLINA HEALTHCARE, INC., a Delaware corporation ("Molina Healthcare"), Molina Center, LLC, a Delaware limited liability company ("Molina Center", together with Molina Healthcare individually or collectively, as the case may be, "Seller"), and AG NET LEASE ACQUISITION CORP., a Delaware corporation ("Buyer").

Brokers. Each of the parties hereto represents and warrants to the other party that except for Western Reserve Partners LLC, whose address is 200 Public Square, Suite 3750, Cleveland, Ohio 44114 (the "Advisor"), whose advisory fee shall be paid by Seller upon the Closing pursuant to a separate agreement, and McKinney Advisory Group whose address is 12250 El Camino Real, Suite 220, San Diego, California 92130 (the "Broker"), whose commission shall be paid by Seller upon the Closing pursuant to a separate agreement, no commercial real estate broker or finder, or advisor, was instrumental in arranging or bringing about the Transaction and that there are no claims or rights for commercial real estate brokerage commissions, finder's fees or advisory fees in connection with the Transaction. If any Person brings a claim for a commercial real estate brokerage commission, finder's fees or advisory fees based upon any contact, dealings or communication with Buyer or Seller, then the party through whom such Person makes his claim shall defend the other party (the "Indemnified Party") from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Section 8.1 shall survive the Closing or, if the purchase and sale is not consummated, any termination of this Agreement.SMRH:200869374.4

Brokers from Amendment

THIS THIRD AMENDMENT TO STANDARD INDUSTRIAL/COMMERCIAL MULTI-LESSEE LEASE-NET (this "Amendment") is made and entered into as of the 28th day of December 2012 by and between NEWARK EUREKA INDUSTRIAL CAPITAL LLC, a Delaware limited liability company ("Lessor") and SOCKET MOBILE, INC., a Delaware corporation, formerly known as Socket Communications, Inc., a Delaware corporation ("Lessee"), with reference to the following facts:

Brokers. Lessor and Lessee each represent and warrant to the other that no broker or finder was instrumental in arranging or bringing about this transaction and there are no claims or rights for brokerage commissions or finder's fees in connection with the same. If any person brings a claim for a commission or finder's fee based upon any contact, dealings or communication with Lessor or Lessee relating to this transaction, then the party through whom such person makes his claim shall defend the other party (the "Indemnified Party") from such claim, and shall indemnify the Indemnified Party and hold the Indemnified Party harmless from any and all costs, damages, claims, liabilities or expenses (including, without limitation, reasonable attorneys' fees and disbursements) incurred by the Indemnified Party in defending against the claim. The provisions of this Paragraph 3 shall survive the expiration or early termination of the Lease.