SECOND AMENDMENT
That certain Restaurant Lease of 00000 Xxxxx Xxxx, Xxxxxxxxxxx, XX 00000 between
Lagomorph, L.L.C., an Illinois limited liability company, as Landlord, and
Walnut Brewery, Inc., a Colorado corporation d/b/a Rock Bottom Brewery, as
Tenant, is hereby amended as follows:
Article 11.04 is deleted in its entirety and replaced with the following:
11.04 FAILURE TO OPERATE. Landlord and Tenant acknowledge and agree that
the parties are bound by the terms of Section 2.6 of the Restrictive
Agreement which provides that "Developer," as defined in the
Restrictive Agreement, has the right to purchase Tenant's "Leasehold
Estate," as defined in the Restrictive Agreement, should Tenant fail
to continuously operate and keep open to the public all of the
Property for a period in excess of one hundred eighty (180)
consecutive calendar days ("Developer's Right to Purchase").
Notwithstanding anything in this Lease to the contrary, Landlord and
Tenant agree that Landlord's approval or consent shall not be required
to any transfer or assignment pursuant to an exercise of Developer's
Right to Purchase by the "Developer" under the Restrictive Agreement.
However, Developer shall provide notice to Landlord that a transfer or
assignment has occurred under Developer's right to purchase.
All other terms of the Restaurant Lease remain unmodified and in force.
TENANT: LANDLORD:
By: By:
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Xxxxxxx X. Xxxxx, President Xxxxx X. Xxxxxxxxx, Manager
Date: Date:
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