Cooperating Broker. Notwithstanding anything in this Article VIII to the contrary, in the event an outside broker other than Weitzman or a Weitzman Group broker (not assigned to the Property) representing a tenant is involved in procuring a tenant lease for the Property, Owner will pay a total leasing commission equal to one and one-half times the commission otherwise payable hereunder. In such event, Weitzman and the outside broker will share the commission according to a separate agreement. The exclusions contained in Section 8.01 shall be applied in determining any commission payable under this Section 8.05. Weitzman shall and does hereby indemnify and hold Owner harmless from: (a) any and all claims of other brokers (or real estate agents or any others) (“Cooperating Brokers”) with which Weitzman has dealt for all liabilities, costs, and expenses (including court costs and attorneys’ fees) which Owner incurs with respect to such claims and (b) valid claims by any tenant for any rebate, credit, concession, allowance or offset not set forth in any new lease or renewal or extension of any existing lease which was either procured, negotiated or solicited by Weitzman.
Appears in 2 contracts
Sources: Management and Leasing Agreement, Management and Leasing Agreement (Dividend Capital Total Realty Trust Inc.)