2009_0209_Packet - Laserfiche WebLink

Home

United States B�nf<ruptcy Court providirig all of the aE�ove, waiving r�otice and hearing of the entry of same. {ii) No default of this �ea�e by Tenant, ei.ther priar to or subsequent to the filing of such a petition:, s�all �e deem�d to have been wa�ved unless expressly dor�e so in writing by Landlorci. (iii) !t is unde�stood and a�reed that tl�ts is a Leas� o� real pro{�erty in a shopping center as such a lease is descrihed in Sectia�r 3G5(b)(3) of the Banl<ru�tcy Code. �iv} Included within and in addition to anjr other conclitions or �bligations im�asec� u�aon Tenant or its s�ccessor in the event of assumptian and/or assignment are the folfowing: (A} the cure of any rrtonetary defaults and the reirnl��rseme�C of pecuniary loss withir� not more than thirty (30) days of ass�tmption andlor assig�ment; and {B) Che d.eposit of an a:dditiortal sum equal to thr�e (3) months' rent ta be held as a security deposit; and (C} the �se. o� the Premises set forth in ehe DATA 5HEET ar�d the qualiLy, qz�antity and/or li.nes o€ mercF�anciise of any goods or service requ�red to be affiered for sa�e are unchanged, and (D} the reorganized deb�or or assignee of such debtor ir� possession or af Tenant's trustse demonstrates in writing thati it has sufficient bacl<ground inc�uding, but nat limited to, suE�stantial retailing experience in sha��ing centers of comparable size and financiaC �bility to operate a reCaif estabfishment out of the Premises in the manner contemplated in this Lease and meet all other reas:onable criteria of �andlord as did Ten�nt upan execution of this Lease; and (E) the prior written �ons�nt oT aRy mortgagee ta which t�is �ease has be�n assignec! as collateral security; ancf {F) the Premise5, at all tirnes, remains a single store and r�o physic�l chariges af any f<incl may be i�iade ta the Premises uniess in compliance with t.he applicable provisions of this Lease. (ia) Other Defaults. If Tenant eiCh�r. (i) fails ta tirimeEy pay �ny of its payments to Landlord due hereunder within i 0 days of its due date; or (ii) fails to perforrr any af the other a�; eerr�ents, covEnants, terms and conditions af this Lease, wf�ich default contirrues for � 0 days after wr[tteri notice from Landlorcf to Tenant; or (i:ii} vaca�es or ahandons the Premises for a�eriod of 30 consecutive days, or fails to cantinuausly oper�re the Premfses for a period oF 72 consecutive hours; Lanclford, in addition to all at�er rights Gnd remedies available Co �andlord by law or by other provisions hereof, may, without pr�cess, re-enter im:mediately into the Pr�mises and rema�e all }�ersons and property, and, at Lari.cflord's option, terminate this Lease as to afl future rights of Tenant. (c) res�ective proceeding Waiver, ft is mutually agre�,d by and hetweer Landlord and Tenar�t that the parties �ier�to shail and they do hereby wai�e trial by jury ln any action, ar counterclaim f�rought by eith.er parties #�ereto against the other (excep� for i�