Exhibit 10.28
TERMINATION OF LEASE
Reference is made to a certain lease by and between Hub Properties Trust
("Original Landlord") and Concero Group L.P. ("Tenant") dated July 1, 2000 (the
"Lease") pursuant to which Landlord leased to Tenant and Tenant leased from
Landlord certain land, and improvements constructed thereon, located at 0000
Xxxxxxxxxxx Xxxxxxx, Xxxxxx, Xxxxx (the "Premises").
WHEREAS, Bridgepoint Property Trust, a Maryland real estate investment
trust ("Landlord"), succeeded to the interest of Original Landlord under the
Lease; and
WHEREAS, Landlord and Tenant desire to terminate the term of the Lease
prior to its scheduled expiration of June 30, 2007.
NOW, THEREFORE, in consideration of the foregoing and for other
consideration, the receipt and legal sufficiency of which are hereby
acknowledged, Landlord and Tenant hereby agree as follows:
1. On January 1, 2003, (the "Termination Date"), the term of the Lease
shall terminate as if that date were the date originally set for the term of the
Lease to expire.
2. Tenant agrees to indemnify Landlord and hold it harmless from and
against any and all loss, cost, damage or expense incurred by Landlord arising
out of any failure by Tenant to surrender the Premises on or before the
Termination Date in accordance with the terms of the Lease.
3. Tenant represents that it has not subleased or otherwise transferred or
assigned any portion of its interest in the Lease or the Premises and that it
has received all consents and approvals required for it to enter into this
Termination of Lease.
4. Tenant, its successors and assigns, shall not assert nor seek to
enforce any claim for breach of the Lease (as amended) against any of Landlord's
assets other than Landlord's interest in the Property, and Tenant agrees to look
solely to such interest for the satisfaction of any liability or claim against
Landlord under the Lease (as amended), it being specifically agreed that in no
event whatsoever shall Landlord ever be personally liable for any such
liability. Tenant further acknowledges that the Declaration of Trust of Hub
Properties Trust provides, and Tenant agrees, that no trustee, officer,
director, general or limited partner, member, shareholder, beneficiary, employee
or agent (including any person or entity from time to time engaged to supervise
and/or manage the operation of Landlord) shall be held to any liability, jointly
or severally, for any debt, claim, demand, judgment, decree, liability or
obligation of any kind (in tort, contract or otherwise) of, against or with
respect to Landlord or arising out of any action taken or omitted for or on
behalf of Landlord.
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IN WITNESS WHEREOF, Landlord and Tenant have caused this Termination of
Lease to be duly executed, as a sealed instrument, as of this 19th day of July,
2002.
LANDLORD:
BRIDGEPOINT PROPERTY TRUST
By: /s/ Xxxxxxxx X. Xxxxx
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Name: Xxxxxxxx X. Xxxxx
Its: Senior Vice President
TENANT:
CONCERO GROUP, L.P.
By: /s/ Xxxxx X. Xxxxxxxx
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Name: Xxxxx X. Xxxxxxxx
Its: Treasurer of its General Partner
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