CC PACKET 09081992 - Laserfiche WebLink

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' whether direct, indirect or derivative, liquidated or unliquidated, fixed or contingent, known or unknown. 5. Brokerage Commission. The City has been informed that Manning has engaged the services of Bruce Johnson at Restaurant Brokers of Minnesota, Inc. Manning represents and warrants that it has not dealt with any other brokers, finders or the like in connection with the sale of Manning's business operated at the Leased Premises or the sale of any equipment used in connection therewith, and that any and all brokerage commission, finder's fee or similar fees or charges owing to Bruce Johnson or Restaurant Brokers of Minnesota, Inc. in connection with said transactions shall be paid by Manning. Manning agrees to indemnify and to hold the City harmless against all claims, damages, costs and expenses of or for any and all brokerage commissions, finder's fees or similar fees or commissions resulting from its actions or agreements regarding said transactions, and will pay all costs of the City, including reasonable attorney's fees, of defending any action or lawsuit brought to recover any such brokerage commissions, finder's fees or similar fees. 6. Schuhmacher's Right of Entry. Manning hereby agrees to allow Schuhmacher, and his agents, employees and representatives, to enter onto the Leased Premises or any part thereof at any time during the hours that Manning is open for business at the Leased Premises from September 4, 1992 though and including the Effective Date for the purposes of observing the operations of the • restaurant and to move equipment, inventory and supplies owned by Schuhmacher into the Leased Premises; provided that such entry shall not unreasonably interfere with'Manning's use of the Leased Premises, and provided that any such entry shall be subject to reasonable requirements that Manning may impose to protect recipes and/or trade secrets located on the Leased Premises. It is agreed and understood that the City shall not be liable for any damages, costs, expenses, losses or claims of any nature whatsoever arising out of, or in any way relating to, any such entry by Schuhmacher, or his agents, employees and/or representatives. 7. Attorneys' Fees. If any action or claim is brought or asserted to enforce any term, covenant or condition of this Agreement, the successful party in said action or in said claim shall be awarded its reasonable costs and expenses, including reasonable attorneys' fees incurred-therein. 8. Entire Agreement. This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and no other agreement, understanding or representation of or by the parties made at any time prior to or contemporaneously with the signing of this Agreement shall be effective for any purpose except as set forth herein. -3-