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• 5. Brokerage Commission. Highwood represents and warrants that it has <br /> not dealt with any brokers, finders or the like in connection with the sale of <br /> Highwood's business operated at the Leased Premises or the sale of any equipment <br /> used in connection therewith, and that any and all brokerage commission, finder's <br /> fee or similar fees or charges owing in connection with said transactions shall be <br /> paid by Highwood. Highwood agrees to indemnify and to hold the City harmless <br /> against all claims, damages, costs and expenses of or for any and all brokerage <br /> commissions, finder's fees or similar fees or commissions resulting from its actions <br /> or agreements regarding said transactions, and will pay all costs of the City, <br /> including reasonable attorney's fees, of defending any action or lawsuit brought to <br /> recover any such brokerage commissions, finder's fees or similar fees. <br /> 6. Swanson's Right of Entry. Highwood hereby agrees to allow Swanson, <br /> and his agents, employees and representatives, to enter onto the Leased Premises or <br /> any part thereof at any time during the hours that Highwood is open for business at <br /> the Leased Premises from June _, 1995 though and including the Effective Date for <br /> the purposes of observing the operations of the restaurant and to move equipment, <br /> inventory and supplies owned by Swanson into the Leased Premises; provided that <br /> such entry shall not unreasonably interfere with Highwood's use of the Leased <br /> Premises, and provided that any such entry shall be subject to reasonable <br /> requirements that Highwood may impose to protect recipes and/or trade secrets <br /> • located on the Leased Premises. It is agreed and understood that the City shall not be <br /> liable for any damages, costs, expenses, losses or claims of any nature whatsoever <br /> arising out of, or in any way relating to, any such entry by Swanson, or his agents, <br /> 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 />