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2009_0209_Packet
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2009_0209_Packet
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United States B�nf<ruptcy Court providirig all of the aE�ove, waiving r�otice and hearing of the <br />entry of same. <br />{ii) No default of this �ea�e by Tenant, ei.ther priar to or subsequent to the filing of <br />such a petition:, s�all �e deem�d to have been wa�ved unless expressly dor�e so in writing by <br />Landlorci. <br />(iii) !t is unde�stood and a�reed that tl�ts is a Leas� o� real pro{�erty in a shopping <br />center as such a lease is descrihed in Sectia�r 3G5(b)(3) of the Banl<ru�tcy Code. <br />�iv} Included within and in addition to anjr other conclitions or �bligations im�asec� <br />u�aon Tenant or its s�ccessor in the event of assumptian and/or assignment are the <br />folfowing: (A} the cure of any rrtonetary defaults and the reirnl��rseme�C of pecuniary loss <br />withir� not more than thirty (30) days of ass�tmption andlor assig�ment; and {B) Che d.eposit <br />of an a:dditiortal sum equal to thr�e (3) months' rent ta be held as a security deposit; and <br />(C} the �se. o� the Premises set forth in ehe DATA 5HEET ar�d the qualiLy, qz�antity and/or <br />li.nes o€ mercF�anciise of any goods or service requ�red to be affiered for sa�e are unchanged, <br />and (D} the reorganized deb�or or assignee of such debtor ir� possession or af Tenant's <br />trustse demonstrates in writing thati it has sufficient bacl<ground inc�uding, but nat limited to, <br />suE�stantial retailing experience in sha��ing centers of comparable size and financiaC �bility to <br />operate a reCaif estabfishment out of the Premises in the manner contemplated in this Lease <br />and meet all other reas:onable criteria of �andlord as did Ten�nt upan execution of this <br />Lease; and (E) the prior written �ons�nt oT aRy mortgagee ta which t�is �ease has be�n <br />assignec! as collateral security; ancf {F) the Premise5, at all tirnes, remains a single store and <br />r�o physic�l chariges af any f<incl may be i�iade ta the Premises uniess in compliance with t.he <br />applicable provisions of this Lease. <br />(ia) Other Defaults. If Tenant eiCh�r. <br />(i) fails ta tirimeEy pay �ny of its payments to Landlord due hereunder within i 0 <br />days of its due date; or <br />(ii) fails to perforrr any af the other a�; eerr�ents, covEnants, terms and conditions <br />af this Lease, wf�ich default contirrues for � 0 days after wr[tteri notice from Landlorcf to <br />Tenant; or <br />(i:ii} vaca�es or ahandons the Premises for a�eriod of 30 consecutive days, or fails <br />to cantinuausly oper�re the Premfses for a period oF 72 consecutive hours; Lanclford, in <br />addition to all at�er rights Gnd remedies available Co �andlord by law or by other provisions <br />hereof, may, without pr�cess, re-enter im:mediately into the Pr�mises and rema�e all }�ersons <br />and property, and, at Lari.cflord's option, terminate this Lease as to afl future rights of <br />Tenant. <br />(c) <br />res�ective <br />proceeding <br />Waiver, ft is mutually agre�,d by and hetweer Landlord and Tenar�t that the <br />parties �ier�to shail and they do hereby wai�e trial by jury ln any action, <br />ar counterclaim f�rought by eith.er parties #�ereto against the other (excep� for <br />i� <br />
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