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EXHIBIT 10.30
ASSIGNMENT AND ASSUMPTION AGREEMENT
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AGREEMENT made this 23 day of August, 1996, by and between HOLY COW
RESTAURANTS ASSOCIATES, INC., having an address at 0000 Xxxxxxxx, Xxx Xxxx, Xxx
Xxxx 00000 ("ASSIGNOR") and RATTLESNAKE OF 86th STREET, INC., having an address
at 0 Xxxxxxxx Xxxxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000 ("ASSIGNEE").
STATEMENT OF FACTS
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Pursuant to that certain Lease dated January 18, 1995 (the "LEASE")
Rymsbran Continental Corp. DIP ("LANDLORD") leased to Assignor, and
Assignor hired from Landlord, that certain premises known as 2341-2359
Broadway, a/k/a 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx more
particularly described in the Lease (the "PREMISES"). Assignor now
desires to assign to Assignee, and Assignee has agreed to assume, all
of Assignor's rights, titles and interests in, to and under the Lease
upon, and subject to, the terms, covenants and conditions herein
contained.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the mutual receipt and legal sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Assignor hereby assigns unto Assignee, all of Assignor's right, title
and interest in, to and under the Lease, to have and to hold the same unto
Assignee, its successors and assigns, subject to the terms, covenants and
conditions set forth in the Lease. Assignee hereby assumes all of the terms,
covenants, conditions and obligations on the part of Assignor to be performed
under the Lease arising or accruing from and after the date hereof, and Assignee
covenants to fully perform and abide by the same including, without limitation,
those which govern the permitted use of the Premises, and those which govern
Assignee's right to further assign its interest in the Lease or sublet the
Premises.
2. Assignor shall indemnity, defend and save Assignee harmless from and
against any and all claims, suits, actions, damages, charges, liabilities, costs
and expenses (including, without limitation, reasonable attorney's fees and
disbursements) that Assignee may sustain by reason of Assignor's failure to
observe or perform any of the terms, covenants or conditions of the Lease
arising or accruing prior to the date hereof.
3. Assignee shall indemnify, defend and save Assignor harmless from and
against any and all claims, suits, actions, damages, charges, liabilities, costs
and expenses (including, without limitation, reasonably attorney's fees and
disbursements) that Assignor may sustain by reason of Assignee's failure to
observe or perform any of the terms, covenants or conditions of the Lease
arising or accruing from and after the date hereof.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed on the day and year first above written.
ASSIGNOR:
HOLY COW RESTAURANT ASSOCIATES, INC.
By: /s/ ? , Pres.
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ASSIGNEE:
RATTLESNAKE OF 86TH STREET, INC.
By: /s/ ? , CEO/Chairman.
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