See Addendum. For a period of three years after the Closing, neither the Sellers nor the Shareholders will, directly or indirectly, (i) except on behalf of Purchaser, solicit for any purpose, any customer of Purchaser (or former customer of Sellers), (ii) solicit for employment by the Sellers or anyone else, any employee of Purchaser or its affiliates as a result of the transactions contemplated hereby or any person who was an employee of the Sellers or Purchaser or its affiliates within the four-month period immediately preceding such solicitation or employment, other than such person whose employment was terminated by Purchaser or its affiliates; or (iii) induce or attempt to induce, any such employee of Purchaser or its affiliates to terminate such employee's employment.
See Addendum. Upon the expiration or earlier termination of the Lease, Tenant, at its sole cost, shall remove all Hazardous Materials from the Property deposited by Tenant or Tenant's Agents, Contractors, Servants, Employees or Invitees (Tenant's Parties). If Tenant fails to so surrender the Property, Tenant shall indemnify and hold Landlord harmless from all damages resulting from Tenant's failure to surrender the Property as required by this Subsection, including, without limitation, any claims or damages in connection with the condition of the Property caused by Tenant or Tenant's Parties including, without limitation, damages occasioned by the inability to release the Property (or any portion thereof) or a reduction in the fair market and/or rental value of the Property, Building, Common Areas, Outside Areas, and/or Property by reason of the existence of any Hazardous Materials in or around the Leased Premises, Building, Common Areas, Outside Areas, and/or Property cause. As a result of any release of Hazardous Materials caused by Tenant or Tenant's Parties. If any action is required to be taken by a governmental authority to test, monitor, and/or clean up Hazardous Materials from the Leased Premises, Building, Common Areas, Outside Areas, and/or Property and such action is not completed prior to the expiration or earlier termination of the Lease, Landlord shall be entitled to all damages directly or indirectly incurred as a result of any release of Hazardous Materials caused by Tenant or Tenant's Parties including without limitation, damages occasioned by the inability to release the Property or a reduction of the fair market and/or rental value of the Leased Premises, Building, Common Areas, Outside Areas, and/or Property.
See Addendum. The tenant shall not make any alterations, improvements or additions to the Leased Premises without the Landlord's advance written consent* in each and every
See Addendum. It is expressly understood that the Permittee shall have the right of ingress and egress through the halls and corridors of such building and as provided herein below, but acquires hereby no other right in any other part of the building than the part specified above.
See Addendum. Lessee shall not, without Lessor's prior written consent make any alterations, improvements, additions, Utility Installations or repairs in, on or about the Premises or the Office Building Project. As used in this paragraph 7.3 the term Utility Installation shall mean carpeting, window and wall coverings, power panels, electrical distribution systems lighting fixtures, air conditioning, plumbing and telephone and telecommunication wiring and equipment. At the expiration of the term, Lessor may require the removal of any or all of said alterations, improvements, additions or Utility Installations, and the restoration of the Premises and the Office Building Project to their prior condition, at Lessee's expense if Lessor reserved the right to require removal upon installation. Should Lessor permit Lessee to make its own alterations, improvements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly approved by Lessor, and Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost or such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term or this Lease, require that Lessee remove any part or all of the same.
See Addendum. If Tenant or anyone claiming under Tenant shall remain in possession of the Premises or any part thereof after expiration of the lease term or earlier termination thereof without any agreement in writing between Landlord and Tenant with respect thereto, Tenant shall (a) occupy upon all of the terms and conditions of this lease except that the monthly Minimum Rent due from Tenant shall be equal to the greater of three hundred percent (300%) of the monthly Minimum Rent in effect at the end of the term or the then fair market rental value of the Premises (determined as provided in Section 10.01(e)), (b) pay all damages sustained by Landlord by reason of such retention and (c) indemnify, defend, and hold Landlord harmless from and against any loss or liability resulting from such holding over. If Landlord so notifies Tenant in writing, such holding over shall constitute a renewal of this lease for a one year term; otherwise Landlord's acceptance of rent shall create only a month-to-month tenancy, in either case upon the terms set forth in this Section. Any such month-to-month tenancy shall be terminable at the end of any calendar month by either party by written notice to the other party given not less than ten (10) days prior to the end of such month. Nothing contained in this Section shall be deemed or construed to waive Landlord's right of reentry or any other right of Landlord hereunder or at law.
See Addendum. Representation: The following real estate brokers (collectively, the "Brokers") and brokerage relationships exist in this transaction (check applicable boxes): THE XXXXXX COMPANY - XXXXXXX XXXXXX represents Lessor exclusively ("Lessor's Broker"); CB COMMERCIAL - XXXXX XXXXXXX represents Lessee exclusively ("Lessee's Broker"); or N/A represents both Lessor and Lessee ("Dual Agency"). "VOIDED PARAGRAPH"
See Addendum. Tenant will have the option, exercisable by written notice to Landlord upon restoration of the Premises, to extend the original Term of this Lease (or the extension of the Term during which the damage or destruction occurred, as the case may be) for a period equal to the period, if any, during which Tenant was deprived of the use of all or a significant portion of the Premises by reason of such damage or destruction. Tenant's option must be exercised within twenty (20) days following completion of the work of restoration and repair.
See Addendum. (i) The Guaranteed Residual to be used in the event the Vehicle is sold at the end of the minimum lease term is 16% of the Capitalized Cost of the Vehicle.
(ii) The Guaranteed Residual to be used in the event the Vehicle is sold at the end of a Renewal Period is __% of the Unamortized Book Value of the Vehicle as of the end of the month preceding such Renewal Period. SEE ADDENDUM. 10
3. This Amendment is effective as of for all Vehicles on lease at that date and all Vehicles placed in service thereafter. Except as amended by this Exhibit, all other terms and conditions of the Agreement are ratified and confimed and remain in full force and effect. Gelco Corporation dba Burger King Distribution Services, GE Capital Fleet Services (LESSOR) A Division of Burger King Corporation _____________________________________ (LESSEE) By: _______________________________ By: _________________________________ Title: ____________________________ Title: ______________________________ Date: _____________________________ Date: _______________________________ This is an Addendum to the Lease Agreement dated the 22nd day of August, 1991, the ("Agreement") between Gelco Corporation, d/b/a/ GE Capital Fleet Services, as LESSOR and Burger King Distribution Services, a Division of Burger King Corporation, as LESSEE. The parties hereby agree to the following amendments to the Agreement: The first paragraph of Section (1) of the Agreement is hereby deleted and replaced with the following:
See Addendum. The Closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies: