Each Member (a) represents and warrants to the other Member that neither it nor its Affiliates have dealt with any brokers of any type, investment bankers, consultants or other third parties, who are entitled to receive a commission or other compensation in connection with the (i) acquisition of the Property, (ii) obtaining the initial Loan (other than as may be privately agreed to by TWC Member or TWC Principal and not an LLC obligation or Condor Member obligation), (iii) entering into of the Operating Agreement or (iv) forming and capitalizing the LLC (including obtaining or arranging the Capital Contributions) or the negotiation or completion of this Agreement, which shall be compensated by the LLC pursuant to a separate Agreement, and (b) agrees to indemnify, defend and hold the LLC, its Subsidiaries and the other Member harmless from and against any actual losses for or relating to any claims for commissions or any other fees due in connection with the transactions described in this Agreement, and arising or resulting from the actions of such Member or the Affiliates of any of them. In the event of a breach of this Section 15.17, any amounts paid to cure such breach by the breaching party shall not constitute Capital Contributions, Member Loans or loans to the LLC or any Member and shall not increase the Capital Account of such Member. The terms of this Section 15.17 shall survive the termination of this Agreement.