Landlord Uses in Broker Clause

Broker from Lease Cancellation Agreement

THIS LEASE CANCELLATION AGREEMENT (this "Agreement") is made as of the 3rd day of March, 2017, by and between 320 W 37 LLC, having an office at c/o Sioni Group, 989 Sixth Avenue, 15th Floor, New York, New York 10018 ("Landlord") and SNAP INTERACTIVE, INC., a Delaware corporation authorized to transact business in the State of New York having an address at 320 West 37th Street, New York, New York 10018 ("Tenant").

Broker. Tenant and Landlord each represents and warrants to the other party that it neither consulted nor negotiated with any broker or finder in connection with this Agreement. Tenant agrees to indemnify and hold Landlord harmless from any damages, costs and expenses suffered by Landlord by reason of Tenant's breach of its foregoing representation and/or covenant. Landlord agrees to indemnify and hold Tenant harmless from any damages, costs and expenses suffered by Tenant by reason of Landlord's breach of its foregoing representation and/or covenant.

Broker from Amendment to Agreement

THIS THIRD AMENDMENT TO AGREEMENT OF LEASE (this Amendment) is made this 25th day of September 2014, by COLUMBIA GATEWAY S-28, L.L.C., a Maryland limited liability company (Landlord) and OSIRIS THERAPEUTICS, INC., a Maryland corporation (Tenant).

Broker. Tenant represents that Tenant has not dealt directly or indirectly with any broker in connection with this Amendment other than Jones Lang LaSalle Brokerage, Inc. (Broker), and Tenant warrants that no other broker negotiated this Amendment or is entitled to any commissions in connection with this Amendment. Tenant shall indemnify and hold Landlord harmless for any breach of the foregoing representations. Landlord shall pay Broker its commission due for the First Renewal Term.

BROKER from Term Sheet

THIS LEASE TERM SHEET is made a part of the attached Lease Agreement between Landlord and Tenant. Use of the following capitalized terms (indicated in bold type) in this Lease shall be deemed a reference to the information set out below.

BROKER. Landlord shall: (i) be solely responsible for any commissions due Landlord's Broker or other brokers contacted by or used by Landlord in connection with the negotiations or execution of this Lease; and (ii) indemnify Tenant and hold Tenant harmless from and against any and all cost, expense, or liability for commissions or other compensation or charges claimed by Landlord's Broker and any other broker or agent acting for Landlord with respect to this Lease. Tenant shall: (i) be solely responsible for any commissions due any brokers contacted by or used by Tenant in connection with the negotiations or execution of this Lease, other than Landlord's Broker, and (ii) indemnify Landlord and hold Landlord harmless from and against any and all cost, expense, or liability for commissions or other compensation or charges claimed by any broker or agent acting for Tenant with respect to this Lease.

Broker from Amendment to Lease

THIS FIRST AMENDMENT TO LEASE (this "Amendment") is entered into as of this 4th day of January, 2017, by and between BMR-3545-3575 JOHN HOPKINS LP, a Delaware limited partnership ("Landlord," as successor-in-interest to BMR-John Hopkins Court LLC), and ATYR PHARMA, INC., a Delaware corporation ("Tenant").

Broker. Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than Hughes Marino ("Tenant Broker") and Jones Lang LaSalle ("Landlord Broker (organization) values">Landlord Broker," and together with Tenant Broker, "Brokers"), and agrees to reimburse, indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord, at Tenant's sole cost and expense) and hold harmless the Landlord Indemnitees for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Brokers, employed or engaged by Tenant or claiming to have been employed or engaged by Tenant. Brokers are entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay (a) Tenant Broker's portion of such commission to Tenant Broker pursuant to a separate agreement between Landlord and Tenant Broker and (b) Landlord Broker's portion of such commission to Landlord Broker pursuant to a separate agreement between Landlord and Landlord Broker.

Broker from Net Lease Agreement

THIS NET LEASE AGREEMENT (Lease), made this 13th day of November, 2007, by and between Opus Northwest, L.L.C., a Delaware limited liability company (Landlord), and TPI Iowa, LLC, a Delaware limited liability company (Tenant).

Broker. Tenant represents that it has dealt directly with and only with CB Richard Ellis, Inc. (the Broker) in connection with this Lease and that no other broker has negotiated or participated in negotiations of this Lease or is entitled to any commission in connection therewith. Tenant shall indemnify and hold harmless Landlord from and against any and all commissions, fees and expenses and all claims therefor by any broker, salesman or other party in connection with or arising out of Tenants action in entering into this Lease, except for the commissions of the Broker, which commissions Landlord shall be obligated to pay pursuant to a separate written agreement. Landlord represents that it has dealt directly with and only with the Broker in connection with this Lease and that no other broker has negotiated or participated in negotiations of this Lease or is entitled to any commission in connection therewith. Landlord shall indemnify and hold harmless Tenant from and against any and all commissions, fees and expenses and all claims therefor by any broker, salesman or other party in connection with or arising out of Landlords action in entering into this Lease.

Broker from Amendment to Lease Agreement

This FOURTH AMENDMENT TO LEASE AGREEMENT (this "Fourth Amendment") is made as of this 29th day of April, 2016 ("Execution Date"), by and between PH STONE MANOR LP, a Delaware limited partnership (hereinafter called "Landlord"), and WINDTREE THERAPEUTICS, INC. (formerly known as Discovery Laboratories, Inc.), a Delaware corporation (hereinafter called "Tenant").

Broker. Tenant represents and warrants to Landlord that Jones Lang LaSalle Brokerage (the "Broker") is the sole broker with whom Tenant has negotiated in bringing about this Fourth Amendment to the Lease and Tenant agrees to indemnify and hold Landlord and its lender harmless from any and all claims of other brokers and expenses in connection therewith arising out of or in connection with the negotiation of or the entering into this Lease by Landlord and Tenant. Landlord shall pay a brokerage commission to the Broker pursuant to a separate written agreement. In no event shall Landlord's lender have any obligation to any broker involved in this transaction.

Broker from Office Lease Agreement

THIS OFFICE LEASE AGREEMENT is made, entered into and executed this the 26th day of July, 2010, by and between REXALL SUNDOWN, INC., a Florida corporation, with offices c/o NBTY, Inc., at 90 Orville Drive, Bohemia, NY 11716, hereinafter called "Landlord", and SENSUS HEALTHCARE, LLC, with offices at 851 Broken sound Pkwy, NW, #215 B.R., FL, hereinafter called "Tenant". Landlord and Tenant contract and agree as follows.

Broker. Landlord and Tenant hereby acknowledge that Jeffrey Kelly of CB Richard Ellis Brokerage has acted as an agent for Landlord in this transaction and will be paid a real estate commission by Landlord. Landlord shall pay Landlord's broker a commission pursuant to a separate agreement. Landlord and Tenant shall indemnify and hold harmless the other from claims arising from any other broker or agent claiming to be entitled to a commission and to have done business with such party.

Broker from Amendment to Lease Agreement

This SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is entered into as of June 15, 2015, by and between CLPF - SLIC 8, L.P., a Delaware limited partnership ("Landlord"), and SELECT COMFORT CORPORATION, a Minnesota corporation ("Tenant").

Broker. Tenant represents and warrants to Landlord that it has not dealt with any broker with respect to this Amendment other than CBRE, Inc. (Landlord's broker) ("Broker"). If Landlord or Tenant has dealt with any broker or person with respect to this Amendment other than the Broker, such party shall be solely responsible for the payment of any fees due said person or firm and such party shall protect, indemnify, hold harmless and defend the other party from any liability in respect thereto.5

BROKER from Amendment

WHEREAS, Landlord and Tenant are parties to that certain Lease dated and executed as of March 8, 2013, as amended by a First Amendment to Lease dated May 15, 2014 (as so amended, the Lease) with respect to the Existing Premises, as the same are more particularly set forth in said Lease; and

BROKER. Tenant warrants and represents that Tenant has not dealt with any broker in connection with the consummation of this Amendment other than Cushman & Wakefield of Massachusetts, Inc. (the Broker). In the event that any claim is made against the Landlord relative to Tenants dealings with brokers other than the Broker, Tenant shall defend the claim against Landlord with counsel of Tenants selection, subject to Landlords reasonable approval, and save harmless and indemnify Landlord on account of loss, cost or damage which may arise by reason of such claim.

Broker from Amendment

THIS SIXTH AMENDMENT TO LEASE (this Amendment) is entered into as of this 11th day of June, 2015 (the Effective Date), by and between BMR-COAST 9 LP, a Delaware limited partnership (Landlord, as successor-in-interest to JBC Sorrento West, LLC (Original Landlord)), and TROVAGENE, INC., a Delaware corporation (Tenant, as successor-by-merger to Xenomics, Inc. (Original Tenant)).

Broker. Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than Hughes Marino, Inc. (Broker), and agrees to reimburse, indemnify, save, defend (at Landlords option and with counsel reasonably acceptable to Landlord, at Tenants sole cost and expense) and hold harmless the Landlord Related Entities for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Broker, employed or engaged by it or claiming to have been employed or engaged by it. Broker is entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay such commission to Broker pursuant to a separate agreement between Landlord and Broker.