Lease Term Uses in Broker Clause

Broker from Amended and Restated Lease Agreement

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT (this "Amendment") is entered into effective as of the ___ day of May, 2017, by and between BG SCENIC POINT OFFICE 1, L.C., a Utah limited liability company (the "Landlord"), and HEALTHEQUITY, INC., a Delaware corporation (the "Tenant").

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Amendment, except for Lora Munson of Coldwell Banker Commercial ("Broker"), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finder's fee in connection with this Amendment. 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 attorney fees) for any leasing commission, finder's fee, equivalent compensation alleged to be owing on account of the indemnifying parties' dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 6 will survive the expiration or earlier termination of the Lease Term.3

Broker from Amendment to Lease Agreement

THIS SECOND AMENDMENT TO LEASE AGREEMENT (this "Amendment") is entered into on this 16th day of September, 2016, by and between BG SCENIC POINT OFFICE 2, L.C., a Utah limited liability company (the "Landlord"), and HEALTHEQUITY, INC., a Delaware corporation (the "Tenant").

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Amendment, except for Lora Munson of Coldwell Banker Commercial ("Broker"), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finder's fee in connection with this Amendment. 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 attorney fees) for any leasing commission, finder's fee, equivalent compensation alleged to be owing on account of the indemnifying parties' dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 7 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 8 ("Addendum No. 8") is made and executed as of this 14 day of May, 2015, by and between COTTONWOOD NEWPARK ONE, L.C., a Utah limited liability company ("Landlord"), and SKULLCANDY, INC., a Delaware corporation ("Tenant"), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27th day of August, 2007, as amended by that certain Lease Addendum No. 1 dated the 18th day of June, 2008, that certain Lease Addendum No. 2 dated the 21st day of July, 2010, that certain Lease Addendum No. 3 dated the 2nd day of September, 2010, that certain Lease Addendum No. 4 dated the 4th day of October, 2011, that certain Lease Addendum No. 5 dated the 16th day of November, 2012, that certain Lease Addendum No. 6 dated the 3rd day of June, 2014 ("Addendum No. 6"), and that certain Lease Addendum No. 7 dated the 20th day of October, 2014 ("Addendum No. 7") (collectively, the "Lease"). Landlord and Tenant are sometimes collectively referred to below as

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 8, except for Janet G. Vise of Sage Realty Services, L.C. ("Broker"), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finder's fee in connection with this Addendum No. 8. 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 attorney fees) for any leasing commission, finder's fee, equivalent compensation alleged to be owing on account of the indemnifying parties' dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 5 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 9 ("Addendum No. 9") is made and executed as of this 26 day of October, 2015, by and between COTTONWOOD NEWPARK ONE, L.C., a Utah limited liability company ("Landlord"), and SKULLCANDY, INC., a Delaware corporation ("Tenant"), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27th day of August, 2007, as amended by that certain Lease Addendum No. 1 dated the 18th day of June, 2008, that certain Lease Addendum No. 2 dated the 21st day of July, 2010, that certain Lease Addendum No. 3 dated the 2nd day of September, 2010, that certain Lease Addendum No. 4 dated the 4th day of October, 2011, that certain Lease Addendum No. 5 dated the 16th day of November, 2012, that certain Lease Addendum No. 6 dated the 3rd day of June, 2014 ("Addendum No. 6"), that certain Lease Addendum No. 7 dated the 20th day of October, 2014 ("Addendum No. 7"), and that certain Lease Addendum No. 8 dated the 14th day of May, 2015 ("Addendum No. 8") (collect

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 9, except for Janet G. West of Sage Realty Services, L.C. ("Broker"), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finder's fee in connection with this Addendum No. 9. 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 attorney fees) for any leasing commission, finder's fee, equivalent compensation alleged to be owing on account of the indemnifying parties' dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 5 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 7 ("Addendum No. 7") is made and executed as of this 20th day of October, 2014, by and between COTTONWOOD NEWPARK ONE, L.C., a Utah limited liability company ("Landlord"), and SKULLCANDY, INC., a Delaware corporation ("Tenant"), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27th day of August, 2007, as amended by that certain Lease Addendum No. 1 dated the 18th day of June, 2008, that certain Lease Addendum No. 2 dated the 21st day of July, 2010, that certain Lease Addendum No. 3 dated the 2nd day of September, 2010, that certain Lease Addendum No. 4 dated the 4th day of October, 2011, that certain Lease Addendum No. 5 dated the 16th day of November, 2012 and that certain Lease Addendum No. 6 dated the 3rd day of June, 2014 (collectively, the "Lease"). Landlord and Tenant are sometimes collectively referred to below as the "parties."

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 7, except for Janet G. Vise of Sage Realty Services, L.C. ("Broker"), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finder's fee in connection with this Addendum No. 7. 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 attorney fees) for any leasing commission, finder's fee, equivalent compensation alleged to be owing on account of the indemnifying parties' dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 8 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 2 (Addendum No. 2) is made and executed as of this 21 day of July, 2010, by and between COTTONWOOD NEWPARK ONE, L. C., a Utah limited liability company (Landlord), and SKULLCANDY, INC., a Delaware corporation (Tenant), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27t h day of August, 2007, as amended by that certain Lease Addendum No. 1 dated the 18th day of June, 2008 (collectively, the Lease). Landlord and Tenant are sometimes collectively referred to below as the parties.

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 2, except for Janet G. Vise of Sage Realty Services, L.C. (Broker), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finders fee in connection with this Addendum No. 2. 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 attorney fees) for any leasing commission, finders fee, equivalent compensation alleged to be owing on account of the indemnifying parties dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 8 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 3 (Addendum No. 3) is made and executed as of this day 2 of September, 2010, by and between COTTONWOOD NEWPARK ONE, L.C., a Utah limited liability company (Landlord), and SKULLCANDY, INC., a Delaware corporation (Tenant), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27th day of August, 2007, as amended by that certain Lease Addendum No. 1 dated the 18th day of June, 2008 and that certain Lease Addendum No. 2 dated the 21st day of July, 2010 (Addendum No. 2) (collectively, the Lease). Landlord and Tenant are sometimes collectively referred to below as the parties.

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 3, except for Janet G. Vise of Sage Realty Services, L.C. (Broker), and that they know of no other real estate broker, agent or finder who is entitled to a commission or finders fee in connection with this Addendum No. 3. 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 attorney fees) for any leasing commission, finders fee, equivalent compensation alleged to be owing on account of the indemnifying parties dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 8 will survive the expiration or earlier termination of the Lease Term.

Broker from Lease Addendum

THIS LEASE ADDENDUM NO. 1 (Addendum No. 1) is made and executed as of this 18 day of June, 2008, by and between COTTONWOOD NEWPARK ONE, L.C., a Utah limited liability company (Landlord), and SKULLCANDY, INC., a Delaware corporation (Tenant), as an addendum to that certain Lease Agreement between Landlord and Tenant dated the 27th day of August, 2007, (the Lease). Landlord and Tenant are sometimes collectively referred to below as the parties.

Broker. Landlord and Tenant each represent to the other that it has had no dealings with any real estate broker, agent or finder in connection with the negotiation of this Addendum No. 1, except for Janet G. Vise of Commerce CRG, and that they know of no other real estate broker, agent or finder who is entitled to a commission or finders fee in connection with this Addendum No. 1. 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 attorney fees) for any leasing commission, finders fee, equivalent compensation alleged to be owing on account of the indemnifying parties dealings with any real estate broker, agent or finder other than the Broker. The terms of this Section 10 will survive the expiration or earlier termination of the Lease Term.

Broker from Amendment to Office Lease

This SECOND AMENDMENT TO OFFICE LEASE (this Second Amendment) is made and entered into as of the 29th day of April, 2010, by and between KILROY REALTY, L.P., a Delaware limited partnership (Landlord), and ENCORE SOFTWARE, INC., a Minnesota corporation (Tenant).

Broker. Landlord and Tenant hereby warrant to each other that they have had no dealings with any real estate broker or agent in connection with the negotiation of this Second Amendment other than CB Richard Ellis (Broker) and that they know of no other real estate broker or agent who is entitled to a commission in connection with this Second Amendment. Each party agrees to indemnify and defend the other party against and hold the other party harmless from any and all claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including, without limitation, reasonable attorneys fees) with respect to any leasing commission or equivalent compensation alleged to be owing on account of any dealings with any real estate broker or agent other than the Broker, occurring by, through, or under the indemnifying party. The terms of this Section 12 shall survive the expiration or earlier termination of the Lease Term, as amended.