Common use of Notices, Demands and Other Instruments Clause in Contracts

Notices, Demands and Other Instruments. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to the terms of this Lease shall be in writing and shall be deemed to have been properly given if sent by overnight express courier (in which event they shall be deemed delivered on the next business day), or delivered by hand (in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery), addressed as follows: If to Tenant: Xxxxx Xxxx'x Holdings, Inc. 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxx Xxxxxxxxxx Facsimile: (000) 000-0000 With a copy to: Liner, Yankelevitz, Sunshine, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile: (000) 000-0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, California 91740 Attention: Xxx Xxxxxxx Facsimile: (000) 000-0000 If to Landlord: 1323 Greenwood, L.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 Attention: Xxxxx X. Xxxxx With a copy to: Mesirow Realty Sale-Leaseback, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Attention: Xxxxx X. Xxx With a copy to: Goldberg, Kohn, Bell, Black, Xxxxxxxxxx & Moritz, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxx Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon fifteen (15) days written notice thereof, similarly given, to the other party. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 24 hereof at the address and/or fax number specified by such first Mortgagee.

Notices, Demands and Other Instruments. All noticesAny notice, demandsdemand, requestsrequest, consentsconsent, approvals and approval, or other instruments instrument ("Notice") which may be permitted, required or permitted desired to be given pursuant to the terms of this Lease in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: School Specialty Inc. 3395 West College Avenue Xxxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 002-5863 Xxxx: Xxxxxx J. Noskowiek With a copy to: Xxxnzoi & Franzoi, S.C. 500 Xxxxne Street Xxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 005-0998 Xxxx: Xxxxxx F. Franzoi IV If to Landlorx: XXXXXX XXX, X.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 350 North Clark Street Xxxxx 000 Chicago, Illinois 60610 Fax: (312) 595-6141 Xxxx: Xxxxx X. Cohen With a copy to: Xxxxxxx Xxxxxy Sale-Leaseback, Inc. 8211 West Broward Boulevard Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Xxx: (000) 000-8221 Xxxx: Xxxxx X. Piasecki With a copy to: Xxxxxxxx, Xxhn, Bell, Black, Rosenbloom & Moritz, Ltd. 55 East Monroe Street Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Xxx: (000) 002-2196 Xxxx: Xxxxxxx B. Bell Notices shall be deemed either (i) xxxxxxxxxx xxxxvered (including delivery by reputable overnight or similar courier service) to have been properly given if sent by overnight express courier (the offices set forth above, in which event case they shall be deemed delivered on the next business day)date of delivery to said offices, (ii) sent by certified United States mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or delivered delayed by hand (the addressee in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery), addressed as follows: If to Tenant: Xxxxx Xxxx'x Holdings, Inc. 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxx Xxxxxxxxxx Facsimile: (000) 000-0000 With a copy to: Liner, Yankelevitz, Sunshine, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile: (000) 000-0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, California 91740 Attention: Xxx Xxxxxxx Facsimile: (000) 000-0000 If to Landlord: 1323 Greenwood, L.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 Attention: Xxxxx X. Xxxxx With a copy to: Mesirow Realty Sale-Leaseback, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Attention: Xxxxx X. Xxx With a copy to: Goldberg, Kohn, Bell, Black, Xxxxxxxxxx & Moritz, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxx Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address deposit in the United States mail or (iii) sent by facsimile, provided the sender of America upon fifteen (15) days written notice thereofsuch facsimile has evidence that the facsimile was received by the addressee's machine, similarly given, to in which case they shall be deemed delivered on the other partydate of receipt by the addressee's machine. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 24 25 hereof at the address and/or fax facsimile number specified by such first Mortgagee. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Notices, Demands and Other Instruments. All noticesAny notice, demandsdemand, requestsrequest, consentsconsent, approvals and approval, or other instruments instrument ("Notice") which may be permitted, required or permitted desired to be given pursuant to the terms of this Lease in connection herewith shall be given in writing and directed to Tenant or Landlord (as applicable) as follows: If to Tenant: School Specialty Inc. 3395 West College Avenue Xxxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 082-5863 Xxxx: Xxxxxx J. Noskowiek With a copy tx: Xxanzoi & Franzoi, S.C. 000 Xxxine Street Xxxxxxx, Xxxxxxxxx 00000 Xxx: (000) 025-0998 Xxxx: Xxxxxx F. Franzoi IV If to Landloxx: XXX Xxxxxxxxd, L.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 350 North Clark Street Xxxxx 000 Chicago, Illinois 60610 Fax: (312) 595-6141 Xxxx: Xxxxx W. Cohen With a copy to: Xxxxxxx Xxalty Sale-Leaseback, Inc. 8211 West Broward Boulevard Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Xxx: (000) 070-8221 Xxxx: Xxxxx R. Piasecki With a copy to: Xxxxxxxx, Xxhn, Bell, Black, Rosenbloom & Moritz, Ltd. 55 East Monroe Street Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Xxx: (000) 032-2196 Xxxx: Xxxxxxn B. Bell Notices shall be deemed either (i) xxxxxxxxxx xxxivered (including delivery by reputable overnight or similar courier service) to have been properly given if sent by overnight express courier (the offices set forth above, in which event case they shall be deemed delivered on the next business day)date of delivery to said offices, (ii) sent by certified United States mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is refused or delivered delayed by hand (the addressee in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery), addressed as follows: If to Tenant: Xxxxx Xxxx'x Holdings, Inc. 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxx 00000 Attention: Xxxxx Xxxxxxxxxx Facsimile: (000) 000-0000 With a copy to: Liner, Yankelevitz, Sunshine, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile: (000) 000-0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, California 91740 Attention: Xxx Xxxxxxx Facsimile: (000) 000-0000 If to Landlord: 1323 Greenwood, L.L.C. c/o Mesirow Realty Sale-Leaseback, Inc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 Attention: Xxxxx X. Xxxxx With a copy to: Mesirow Realty Sale-Leaseback, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 Attention: Xxxxx X. Xxx With a copy to: Goldberg, Kohn, Bell, Black, Xxxxxxxxxx & Moritz, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxx Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address deposit in the United States mail or (iii) sent by facsimile, provided the sender of America upon fifteen (15) days written notice thereofsuch facsimile has evidence that the facsimile was received by the addressee's machine, similarly given, to in which case they shall be deemed delivered on the other partydate of receipt by the addressee's machine. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 24 25 hereof at the address and/or fax facsimile number specified by such first Mortgagee. Either party may by written notice to the other party given as provided hereunder change its address for service of Notice to any other recognized business address in the continental United States. Any address so designated shall include a street address for courier delivery.

Notices, Demands and Other Instruments. All noticesAny notice, demandsdemand, requestsrequest, consentsconsent, approvals and approval, or other instruments instrument ("NOTICE") which may be permitted, required or permitted desired to be given pursuant to the terms of this Lease in connection herewith shall be given in writing and shall be deemed directed to have been properly given if sent by overnight express courier Tenant or Landlord (in which event they shall be deemed delivered on the next business day), or delivered by hand (in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery), addressed as applicable) as follows: If to Tenant: Xxxxx Xxxx'x HoldingsRadioShack Corporation 000 XxxxxXxxxx Xxxxxx, Inc. XX XX0-000 Xxxx Xxxxxxx Xxxxxx XxxxxxxxXxxxx, Xxxxxxxxx Xxxxx 00000 AttentionAttn.: Xxxxx Xxxxxxxxxx Vice President - Corporate Real Estate Facsimile: (000) 000-0000 With a copy to: Liner, Yankelevitz, Sunshine, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx RadioShack Corporation 000 XxxxxXxxxx Xxxxxx, Xxxxxxxxxx XX CF4-101 Xxxx Xxxxx, Xxxxx 00000 AttentionAttn.: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile: (000) 000-0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, California 91740 Attention: Xxx Xxxxxxx Vice President and General Counsel Facsimile: (000) 000-0000 If to Landlord: 1323 Greenwood, L.L.C. Kan Am Xxxxx Kapitalanlagegesellschaft mbH c/o Mesirow Realty SaleWestWind Capital Partners, LP 0000 Xxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attn: Xxxxxxx X. XxXxxxxx L. Xxxx Xxxxx Xxxxxxxx X. Xxxx Facsimile: (000) 000-Leaseback, Inc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 Attention: Xxxxx X. Xxxxx 0000 With a copy to: Mesirow Realty Sale-LeasebackKanAm Xxxxx Kapitalanlagegesellschaft mbH XxxxxXxxx 00000 Xxxxxxxxx Xx Xxxx Attn: Olivier Catusse, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx 000 Xxxxxxxxxx, Xxxxxxx 00000 AttentionDirector Facsimile: Xxxxx X. Xxx With 011 49 69 7104 11 600 And with a copy to: GoldbergKing & Spalding, KohnLLP 000 Xxxxxxxxx Xxxxxx, Bell, Black, Xxxxxxxxxx & Moritz, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 XX Xxxxxxx, Xxxxxxxx Xxxxxxx 00000 AttentionAttn: W. Xxxx X. Xxxxx Landlord and Tenant Xxxxxx, Esq. Facsimile: (000) 000-0000 Notices shall each have be sent by (i) U. S. registered or certified mail, postage prepaid, return receipt requested, (ii) reputable overnight delivery service providing proof of receipt, or (iii) hand delivery, to the right from offices set forth above, in which case they shall be deemed delivered on the date of delivery to said offices or refusal to accept delivery, or (iv) by facsimile transmission during normal business hours followed by a confirmatory letter sent in another manner permitted hereunder. Any notice actually received or deemed received pursuant to the foregoing provisions on a non-Business Day or after 5:00 p.m. (in the recipient's time zone) on a Business Day shall be deemed received on the next Business Day. Either party may by written notice to time to specify the other party given as provided hereunder change its address for purposes service of this Lease Notice to any other recognized business address in the continental United States of America upon fifteen (15) days written notice thereof, similarly given, to the other partyStates. To be effective, copies of all notices to Landlord must be given to any first Mortgagee of which Tenant has received notice pursuant to Paragraph 24 hereof at the Any address and/or fax number specified by such first Mortgageeso designated shall include a street address for courier delivery.

Notices, Demands and Other Instruments. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to the terms of this Lease shall (any of which herein called a "notice")shall be in writing and shall be deemed to have been properly given if sent by (i) certified mail, return receipt requested, postage prepaid, (ii) or sent by telegram, overnight express courier (in which event they shall be deemed delivered on the next business day)courier, or delivered (iii) delivery by hand (in which event they shall be deemed delivered on the date of actual delivery or refusal to accept delivery)hand, addressed as followsfollows (in case of clauses (i) through (iii) or (iv) telephonic facsimile transmission (fax) (followed by a confirmation hard copy) to the following fax numbers: If to Tenant: Nine West Group Inc. 9 West Broad Street Stamford, Connecticut 06902 Attn: Xx. Xxxxxxxxx X. Xxx Xxxxx Xxxx'x Holdings, Inc. 000 Xxxx Xxxxxxx Xxxxxx Xxxxxxxx, Xxxxxxxxx 00000 AttentionXxxe President - Xxxxxxxxxx Telephone: Xxxxx Xxxxxxxxxx Facsimile203 -328-4366 Telecopier: (000) 000203 -978-0000 6020 With a copy to: LinerNine West Group Inc. 9 West Broad Street Stamford, YankelevitzConnecticut 06902 Attn: Xxxx X. Xxxxx, SunshineXxxxxxx Xxxxxx Xxxx Xxxsident/Generax Xxxxxxx Telephone: 203 -328-4386 Telecopier: 203 -978-6020 and Nine West Group Inc. 9 West Broad Street Stamford, Xxxxxxxx & Regenstreif 0000 Xxxxxxxx Connecticut 06902 Attn: Xxxxxx X. Xxxxxx Xxxxxxxxx 0xx Xxxxx Xxxxx Xxxxxx, Xxxxxxxxxx 00000 AttentionXxxx Xxxxxxent and Chief Xxxxxxxxx Xxxxxer Telephone: Xxxxxxxx Xxxxxxxxxxx, Esq. Facsimile203 -328-4373 Telecopier: (000) 000203 -978-0000 And with a copy to: The Xxxxxxx Group 0000 Xxxxxx Xxxxx Glendora, California 91740 Attention: Xxx Xxxxxxx Facsimile: (000) 000-0000 6020 If to Landlord: 1323 Greenwood, L.L.C. c/o Mesirow Realty Sale-LeasebackWestpark Associates 445 Broad Hollow Road Melville, Inc. 000 Xxxxx Xxxxx Xxxxxx Suite 300 Chicago, Illinois 60610 AttentionNew York 11747 Attn: Xxxxx Xxxxxxx X. Xxxxx With a copy to: Mesirow Realty Sale-Leaseback, Inc. 0000 Xxxx Xxxxxxx Xxxxxxxxx Xxxxx 000 XxxxxxxxxxXxxxxxxxx, Xxxxxxx 00000 AttentionXxxxxxxx A. Levine, Exxxxxx Xxxxxxxxe: Xxxxx X. Xxx With 516-293-7800 Txxxxxxxxx:000-000-7886 Any notice so sent sxxxx xx xxxxed conclusively tx xxxx xxxx received by the addressee at the following time: (A) certified mail - on the third (3rd) day after deposit in the mail unless earlier actual receipt is shown; (B) overnight express courier - on the next Business Day following deposit with the courier; (C) hand delivery - on any Business Day actually delivered to addressee; and (D) fax - on the date of transmission (if such date is a copy to: GoldbergBusiness Day), Kohnunless transmission is completed later than 5:00 p.m., Bellrecipient's local time, Black, Xxxxxxxxxx & Moritz, Ltd. 00 Xxxx Xxxxxx Xxxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Attention: Xxxx X. Xxxxx in which case receipt shall be effective the next Business Day. Landlord and Tenant shall each have the right from time to time to specify as its address for purposes of this Lease any other address in the United States of America upon fifteen five (155) days written notice thereof, similarly given, to the other party. To Notwithstanding anything herein to the contrary, for any notice by Tenant to Landlord to be effective, copies of all such notices to Landlord must be given simultaneously to any first First Mortgagee of which Tenant has received notice pursuant to Paragraph 24 Section 31 hereof at the address and/or fax number specified by such first First Mortgagee.