Common use of Termination of Existing Lease Clause in Contracts

Termination of Existing Lease. Lessor and Lessee are currently parties to a certain Standard Sublease dated November 25, 1997 (the “Existing Lease”) pursuant to which Lessee leases certain portions of the Project consisting of buildings 1 and 4 and the third floor of the Office Building. Commencing upon the later of (i) the date that Lessee is required to vacate the Office Building upon and subject to the terms set forth in Lessor’s written notice or (ii) the date that Lessee actually vacates the Office Building (and removes all of its personal property therefrom), Lessee’s rent payable under the Existing Lease shall be reduced pro rata by the amount of rent payable by Lessee under the Existing Lease for the portion of the Office Building leased and vacated by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent under the Existing Lease and Lessor and Lessee shall execute a commercially reasonable Lease Termination Agreement promptly following the commencement of demolition of buildings 1 and 4. If after the above-mentioned pro-rata reduction in rent (y) the remaining monthly rent payable under the Existing Lease for the period following such reduction and until the termination of the Existing Lease plus (z) the monthly Base Rent payable under this Lease for the same period exceeds 100% of the total monthly Base Rent (as calculated under Paragraph 1.5 of this Lease), then Lessee shall only be responsible to pay an amount equal to 100% of the total monthly Base Rent payable under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. If the Final Base Rent Statement discloses that Lessee has paid in excess of 100% of the monthly Base Rent payable under this Lease (as if substantial completion of Construction Phase 3 had occurred for such period) for such period, Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by Lessee.”

Termination of Existing Lease. Lessor and Lessee are You currently parties occupy the 0000 Xxxx Xxxxx Xxxx premises under a lease with Landlord (as successor by assignment to a certain Standard Sublease dated November 25, 1997 Boynton Industrial Realty Corporation) (hereinafter the “Existing Lease”) pursuant to which Lessee leases certain portions of the Project consisting of buildings 1 ). Landlord and 4 and the third floor of the Office Building. Commencing upon the later of (i) the date you agree that Lessee is required to vacate the Office Building upon and subject to the terms set forth in Lessor’s written notice or (ii) the date that Lessee actually vacates the Office Building (and removes all of its personal property therefrom), Lessee’s rent payable under the Existing Lease shall be reduced pro rata by the amount of rent payable by Lessee under the Existing Lease for the portion will terminate as of the Office Building leased and vacated by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent under the Existing Lease and Lessor and Lessee shall execute a commercially reasonable Lease Termination Agreement promptly fifteenth day immediately following the commencement of demolition of buildings 1 Commencement Date and 4. If after that during such fifteen day period immediately following the above-mentioned pro-rata reduction in rent (y) the remaining monthly rent payable under the Existing Lease for the period following such reduction and until the termination of the Existing Lease plus (z) the monthly Base Rent payable under this Lease for the same period exceeds 100% of the total monthly Base Rent (as calculated under Paragraph 1.5 of this Lease), then Lessee Commencement Date you shall only not be responsible required to pay an amount equal to 100% of the total monthly Base Rent payable under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. If the Final Base Rent Statement discloses that Lessee has paid in excess of 100% You shall deliver possession of the monthly Base Rent payable 0000 Xxxx Xxxxx Xxxx premises to the Landlord no later than the fifteenth day immediately following the Commencement Date and in the condition required under the Existing Lease. Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by you, the Tenant, on Nov 8, 2002. (Witnesses as if substantial completion to Tenant) XXXXXXXX.XXX, INC., a Delaware corporation /s/ X. X. Xxxxxx By: /s/ Xxxxx Xxxxxx /s/ Xxxxxxx X. Xxxxx Print Name: Xxxxx Xxxxxx Print Title: CEO Each and every term and provision of this Lease and all exhibits attached hereto, is agreed to by the Landlord on Nov 19, 2002. (Witnesses as to Landlord) PREMIER GATEWAY CENTER AT QUANTUM LLP, a Florida limited liability partnership /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible /s/ Xxxxx Xxxxx By: /s/ Illegible /s/ Illegible EXHIBITS TO ATTACH: Exhibit A Site Plan of Development Exhibit A-l Legal description of the Realty Exhibit B Location of Premises Within Building Exhibit C Construction Phase 3 had occurred for such period) for such period, Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by Lessee.”Work Letter Exhibit D Moveout Standards Exhibit E Signage Criteria

Termination of Existing Lease. Lessor Landlord and Lessee Tenant acknowledge and agree that Landlord and Tenant are currently parties to a that certain Standard Sublease Lease Agreement dated November 25as of October 19, 1997 2001 (as amended, the “Existing Lease”) pursuant ). The parties hereto acknowledge and agree that, notwithstanding any provision to which Lessee leases certain portions the contrary set forth in the Existing Lease, the Existing Lease is currently in full force and effect, has continued in full force and effect without interruption since the date Tenant initially took occupancy of the Project consisting of buildings 1 Premises under the Existing Lease and 4 and that Tenant currently occupies the third floor of the Office Building. Commencing upon the later of (i) the date that Lessee is required to vacate the Office Building upon and subject Premises pursuant to the terms set forth thereof. In addition, notwithstanding to the contrary contained in Lessor’s written notice or the Existing Lease, effective as of 11:59 p.m. (iiCentral Time) on the date that Lessee actually vacates immediately preceding the Office Building Lease Commencement Date (and removes all of its personal property therefrom), Lessee’s rent payable under the “Existing Lease Termination Date”) the Existing Lease shall be reduced pro rata by terminated and of no further force or effect and Landlord and Tenant’s rights and obligations with respect to the amount Premises arising or accruing thereafter shall be as set forth in this Lease; provided, however, that Landlord and Tenant shall remain liable under the terms of rent payable by Lessee the Existing Lease with respect to (i) any obligations which specifically survive the term of the Existing Lease and (ii) for the performance of all of their respective obligations under the Existing Lease for the portion of the Office Building leased and vacated by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent under accruing prior to the Existing Lease and Lessor and Lessee shall execute a commercially reasonable Lease Termination Agreement promptly following Date, including, without limitation, with respect to any liability arising on or before such date related to Tenant’s use, occupancy or control of the commencement of demolition of buildings 1 and 4. If after Premises during the above-mentioned pro-rata reduction in rent (y) the remaining monthly rent payable under the Existing Lease for the period following such reduction and until the termination term of the Existing Lease plus (z) including, without limitation, with respect to hazardous materials brought onto or about the monthly Base Rent payable under this Lease Premises or permitted or suffered to be brought onto or about the Premises by Tenant or anyone for the same period exceeds 100% of the total monthly Base Rent (as calculated under Paragraph 1.5 of this Lease), then Lessee shall only whom Tenant may be responsible liable and Tenant’s obligation to pay an amount equal to 100% of the total monthly Base Rent payable Landlord any amounts due under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. If the Final Base Rent Statement discloses that Lessee has paid in excess of 100% of the monthly Base Rent payable under this Lease (as if substantial completion of Construction Phase 3 had occurred for such period) for such period, Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by Lessee).”

Termination of Existing Lease. Lessor and Lessee are currently parties 10.2.1. Sublessee is the tenant under a lease with BH Turfway LLC (as successor in interest to a certain Standard Sublease dated November 25PHL-OPCO, 1997 LP) (the “"Present Landlord"), dated February 22, 2002, as amended, covering certain premises in a building located at 0000 Xxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000 (the "Existing Lease”) "), which Existing Lease is attached hereto as EXHIBIT B. The Existing Lease does not expire, by its terms, until October 31, 2007. On and after the Sublease Commencement Date, Sublessor agrees to make the payments set forth in EXHIBIT C to the Present Landlord so that they are received by Present Landlord on or before the dates set forth in EXHIBIT C (each such payment referred to herein as a "Monthly Payment," and referred to herein in the aggregate as the "Monthly Payments"); provided, however, that in no event shall Sublessor be obligated to pay Monthly Payments in excess of $900,000. Monthly Payments should be made payable to "BH Turfway LLC Clearing Account, as Mortgagor, for the benefit of UBS Real Estate Investments Inc., as Mortgagee Account No. 772-592" and delivered by regular mail or overnight courier as set forth in EXHIBIT C. If at any time Sublessee enters into an agreement with the Present Landlord (a "Termination Agreement"), pursuant to which Lessee leases certain portions the Present Landlord agrees to terminate the Existing Lease for a sum set forth in such Termination Agreement (the "Termination Payment"), subject to satisfaction of the Project consisting following conditions, Sublessor agrees to pay directly to the Present Landlord the amount equal to the lesser of buildings 1 and 4 and (A) the third floor full amount of the Office BuildingTermination Payment, or (B) $900,000 less the sum of Monthly Payments made by Sublessor (the "Termination Allowance"), in full or partial payment, as applicable, of the Termination Payment. Commencing upon In addition, Sublessor agrees to pay directly to Sublessee the later excess, if any (the "Excess Allowance"), of $900,000 less the sum of (i) the date that Lessee is required to vacate the Office Building upon Termination Payment and subject to the terms set forth in Lessor’s written notice or (ii) the date that Lessee actually vacates the Office Building (and removes all sum of its personal property therefrom), Lessee’s rent payable Monthly Payments made by Sublessor. Sublessor shall have no obligation under the Existing Lease shall be reduced pro rata by the amount of rent payable by Lessee under the Existing Lease for the portion of the Office Building leased and vacated by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent under the Existing Lease and Lessor and Lessee shall execute a commercially reasonable Lease Termination Agreement promptly following the commencement of demolition of buildings 1 and 4. If after the above-mentioned pro-rata reduction in rent (y) the remaining monthly rent payable under the Existing Lease for the period following such reduction and until the termination of the Existing Lease plus (z) the monthly Base Rent payable under any circumstances to make payments pursuant to this Lease for the same period exceeds 100% of the total monthly Base Rent (as calculated under Paragraph 1.5 of this Lease), then Lessee shall only be responsible to pay an amount equal to 100% of the total monthly Base Rent payable under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. If the Final Base Rent Statement discloses that Lessee has paid subsection 10.2.1 in excess of 100% $900,000. Payment of the monthly Base Rent payable Termination Payment, the Termination Allowance and the Excess Allowance under this Lease (as if substantial completion of Construction Phase 3 had occurred for such period) for such period, Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by Lessee.”subsection 10.2.1 are subject to the following::

Termination of Existing Lease. Lessor and Lessee are currently The parties to hereby acknowledge that Tenant is presently in occupancy of an existing building at 228 Xxxxxxxxxxx Xxxx xx a certain Standard Sublease dated November 25, 1997 separate portion of the Project (the “"Existing Lease”Premises") pursuant to which Lessee leases that certain portions of Lease (the Project consisting of buildings 1 "Existing Lease") dated November 1, 1993 by and 4 between The Six-Pac, A Joint Venture, as landlord, and the third floor of the Office BuildingCypress Coast Bank, as tenant. Commencing upon the later of (i) the date that Lessee is required to vacate the Office Building upon and subject to the terms set forth Tenant may continue in Lessor’s written notice or (ii) the date that Lessee actually vacates the Office Building (and removes all of its personal property therefrom), Lessee’s rent payable occupancy under the Existing Lease so long as the same is permitted by applicable governmental authorities during the performance of Landlord's Work. In addition, the parties hereby agree that, in consideration of Tenant's agreement to perform its obligations under this Lease (including, without limitation, Tenant's obligations for performance of Tenant's Work pursuant to Exhibit C attached hereto), Tenant shall be reduced pro rata by entitled to a conditional abatement of its obligation for payment of base rent under the amount Existing Lease (provided that nothing contained herein shall entitle Tenant to any abatement of rent payable by Lessee Tenant's obligations under the Existing Lease for payment of additional rent, amounts with respect to taxes, insurance, utilities, maintenance, other reimbursable costs or other charges, as applicable under the portion Existing Lease), accruing with respect to the period following Landlord's acquisition of title to the Project until the the Commencement Date not to exceed a maximum aggregate abatement of Fifty Thousand Dollars ($50,000.00) (after which maximum aggregate abatement, if applicable, Tenant shall resume payment of base rent under the Existing Lease); provided that if this Lease is hereafter terminated due to Tenant's default hereunder, then, in addition to all other rights and remedies of Landlord as set forth in this Lease, the entire amount of rent so conditionally abated shall be immediately due and payable from Tenant to Landlord. Tenant shall have sixty (60) days following the Substantial Completion of the Office Building leased Premises within which to complete its relocation from the Existing Premises to the Premises (including, without limitation, the removal of all items of Tenant's personal property from the Existing Premises) and vacated within which to vacate and surrender the Existing Premises. Upon the expiration of such sixty (60) day period, the Existing Lease shall terminate and neither party thereto shall have any further liability or obligation thereunder (except for liabilities and obligations accruing under the Existing Lease through to such termination date and liabilities and obligations under the Existing Lease which survive the early termination of such Existing Lease). If Tenant fails to so vacate and surrender the Existing Premises on or before the expiration of such sixty (60) day period, Tenant's continued occupancy of such Existing Premises shall constitute a material default by Lessee. Furthermore, commencing upon Lessor’s commencement of the demolition of buildings 1 and 4 (the Human Resource building and Security building) included within Construction Xxxxx 0, Xxxxxx shall be relieved of paying future rent Tenant under the Existing Lease and Lessor and Lessee this Lease which shall execute not be subject to any period for cure. Further, Tenant agrees, as a commercially reasonable Lease Termination Agreement promptly material consideration to Landlord's agreement to enter into this Lease, that notwithstanding anything to the contrary contained in the Existing Lease, that any such occupancy of the Existing Premises following the commencement expiration of demolition such sixty (60) day period shall constitute a holding over creating a tenancy at sufferance, and during the period of buildings 1 and 4. If after the above-mentioned pro-rata reduction in such holding over, Tenant shall pay as base rent (y) the remaining monthly rent payable to Landlord under the Existing Lease for an amount equal to five hundred percent (500%) of the period following such reduction and until base rent specified in the Existing Lease as being in effect under the Existing Lease prior to the early termination of the Existing Lease plus (z) meaning such base rent as would have been due under the monthly Base Rent payable under this Existing Lease prior to such early termination but for the same period exceeds 100% of the total monthly Base Rent (as calculated under Paragraph 1.5 of this Leaseconditional abatement provided for herein), then Lessee shall only be responsible to pay an amount equal to 100% of the total monthly Base Rent payable under this Lease as if substantial completion of Construction Phase 3 had occurred for such period, as monthly rental under both this Lease and the Existing Lease. If the Final Base Rent Statement discloses that Lessee has paid in excess of 100% of the monthly Base Rent payable under this Lease (as if substantial completion of Construction Phase 3 had occurred for such period) for such period, Lessee may deduct such excess from subsequent monthly Base Rent payments until such excess has been fully recovered by Lessee.”