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