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Exhibit 99.4
Conformed Copy
THIRD AMENDMENT TO LEASE
This Third Amendment to Lease made as of this 3rd day of August, 1998,
by and between HIBBEN BUILDING, LTD., an Ohio limited liability company,
successor in interest to HIBBEN BUILDING ASSOCIATES, and Ohio general
partnership ("Landlord"), and CIAO CUCINA CORPORATION f/k/a CIAO LIMITED, INC.,
an Ohio corporation, ("Tenant").
WITNESSETH:
WHEREAS, Landlord leased certain retail premises in 000 Xxxxxx
Xxxxxxxx, Xxxxxxxxxx, Xxxx to Tenant by a certain "Lease" dated July 28, 1995,
as amended by a certain "Amendment to Sublease" dated November 6, 1995, and as
amended by a certain "Second Amendment to Sublease" dated September 1, 1996,
hereinafter collectively referred to as the "Lease"; and
WHEREAS, Tenant is currently in default for non-payment of certain rent
under the Lease; and
WHEREAS, Landlord and Tenant have agreed that Tenant shall provide to
Landlord a certain promissory note in the principal amount of Eighty Thousand
Six Hundred Thirteen Dollars and Sixty-Two Cents ($80,613.62) (the "Promissory
Note"); and
WHEREAS, the parties hereto are desirous of making certain
clarifications and/or additions regarding the Lease through this Amendment;
NOW, THEREFORE, in consideration of the mutual covenants, conditions
and agreements provided herein, the parties hereto agree as follows:
1. Article XVI of the Lease is hereby amended to add the word "or" at
the end of Section 16.1(g) and to delete the period at the end of said Section
and to add the following new Section 16.1(h):
(h) Tenant fails to make the payments as required in the
Promissory Note.
Except as expressly amended herein, all terms and conditions contained
in the Sublease shall remain in full force and effect.
2
IN WITNESS WHEREOF, this Third Amendment to Lease has been duly
executed by Landlord and Tenant as shown hereinabove, on the 3rd day of August,
1998, as to Landlord, and on the 31st day of July, 1998, as to Tenant.
WITNESSES: Landlord:
HIBBEN BUILDING, LTD.,
an Ohio limited liability company
/s/ Xxx Xxxxxx BY: /s/ Xxxx Xxxxx
----------------------------- ------------------------------
Name: Xxxx Xxxxx
----------------------------
Title: Member
---------------------------
/s/ Xxxxx X. Xxxxxxx
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Tenant:
CIAO CUCINA CORPORATION,
an Ohio corporation
/s/ Xxxxx X. Xxxxxx BY: /s/ Xxxxxxx X. Xxxx
----------------------------- -------------------------------
Name: Xxxxxxx X. Xxxx
----------------------------
Title: President
---------------------------
/s/ Xxxxx X. Xxxxxxxxx
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STATE OF OHIO )
) SS:
COUNTY OF XXXXXXXX )
The foregoing instrument was acknowledged before me on this 3rd day of
August, 1998, by HIBBEN BUILDING, LTD., and Ohio limited liability company, by
Xxxx Xxxxx, its Member, acting for and on behalf of the company.
/s/ Xxxxx X. Xxxxxxx
---------------------------------
NOTARY PUBLIC
STATE OF OHIO )
) SS:
COUNTY OF XXXXXXXX )
The foregoing instrument was acknowledged before me on this 31st day of
July, 1998, by Ciao Cucina Corporation, an Ohio corporation, by Xxxxxxx Xxxx,
its President, acting for and on behalf of the corporation.
/s/ Xxxxx X. Xxxxxx
---------------------------------
NOTARY PUBLIC
