Common use of INCORPORATED INTO LEASE; DEFAULT Clause in Contracts

INCORPORATED INTO LEASE; DEFAULT. THE PARTIES AGREE THAT THE PROVISIONS OF THIS WORK AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THE LEASE FULLY AS THOUGH SET FORTH THEREIN. In the event of any express inconsistencies between the Lease and this Work Agreement, the latter shall govern and control. If Tenant shall default under this Work Agreement, and fail to cure within ten (10) business days (provided, if the nature of Tenant's default is such that more time is reasonably required in order to cure, Tenant shall not be in default if Tenant commences to cure within such period and thereafter diligently and reasonably pursues such cure to completion), Landlord may order that all Work being performed in the Premises be stopped immediately, and that no further deliveries to the Premises be made, until such default is cured, without limitation as to Landlord's other remedies. Any amounts payable by Tenant to Landlord hereunder shall be paid as additional rent under the Lease. Any default by the other party hereunder shall constitute a default under the Lease and shall be subject to the remedies and other provisions applicable thereto under the Lease. If Tenant shall default under the Lease or this Work Agreement and fail to cure the same within the time permitted for cure under the Lease, at Landlord's option, all amounts paid or incurred by Landlord towards the Improvement Allowance shall become immediately due and payable as additional rent under the Lease. EXHIBIT C SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "AGREEMENT") is made by and between TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation with offices at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ("LENDER") and _____________________________, a [an] [individual] name of state [corporation] [limited liability company] [general partnership] [limited partnership] [d/b/a ________________] with its principal place of business at ____________________ ("TENANT").

INCORPORATED INTO LEASE; DEFAULT. THE PARTIES AGREE THAT THE PROVISIONS OF THIS WORK AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THE LEASE FULLY AS THOUGH SET FORTH THEREIN. In the event of any express inconsistencies between the Lease and this Work Agreement, the latter shall govern and control. If Tenant shall default under this Work Agreement, and fail to cure within ten (10) business days (provided, if the nature of Tenant's default is such that more time is reasonably required in order to cure, Tenant shall not be in default if Tenant commences to cure within such period and thereafter diligently and reasonably pursues such cure to completion), Landlord may order that all Work being performed in the Premises be stopped immediately, and that no further deliveries to the Premises be made, until such default is cured, without limitation as to Landlord's other remedies. Any amounts payable by Tenant to Landlord hereunder shall be paid as additional rent under the Lease. Any default by the other party hereunder shall constitute a default under the Lease and shall be subject to the remedies and other provisions applicable thereto under the Lease. If Tenant shall default under the Lease or this Work Agreement and fail to cure the same within the time permitted for cure under the Lease, at Landlord's option, all amounts paid or incurred by Landlord towards the Improvement Allowance shall become immediately due and payable as additional rent Rent under the Lease. EXHIBIT C SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "AGREEMENT") is made by and between TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation with offices at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ("LENDER") and LANDLORD: PFRS YAMATO CORP. By: /s/ ______________________________ Authorized Signatory TENANT: HYDRON TECHNOLOGIES, a [an] [individual] name of state [corporation] [limited liability company] [general partnership] [limited partnership] [d/b/a INC. By: /s/ ________________] with its principal place of business at ____________________ ("TENANT").Vice President-Finance EXHIBIT 4 RULES AND REGULATIONS FOR THE PROJECT

INCORPORATED INTO LEASE; DEFAULT. THE PARTIES AGREE THAT THE PROVISIONS OF THIS WORK AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THE LEASE FULLY AS THOUGH SET FORTH THEREIN. In the event of any express inconsistencies between the Lease and this Work Agreement, the latter shall govern and control. If Tenant shall default under this Work Agreement, and fail to cure within ten (10) business days (provided, if the nature of Tenant's default is such that more time is reasonably required in order to cure, Tenant shall not be in default if Tenant commences to cure within such period and thereafter diligently and reasonably pursues such cure to completion), Landlord may order that all Work being performed in the Premises be stopped immediately, and that no further deliveries to the Premises be made, until such default is cured, without limitation as to Landlord's other remedies. Any amounts payable by Tenant to Landlord hereunder shall be paid as additional rent under the Lease. Any default by the other party hereunder shall constitute a default under the Lease and shall be subject to the remedies and other provisions applicable thereto under the Lease. If LANDLORD: LASALLE NATIONAL BANK, as successor Trustee as aforesaid and not personally By: /s/ [ILLEGIBLE] --------------------------------- Its: SR VICE PRESIDENT --------------------------------- TENANT: APCOA, INC., a Delaware corporation By: /s/ [ILLEGIBLE] --------------------------------- Its: SENIOR VICE PRESIDENT --------------------------------- EXHIBIT C OFFICE SPACE ESTOPPEL LETTER Teachers Insurance and Annuity Association ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Re: Tenant shall Office space for _____________________________("Premises) at 900 North Michigan Your Appl. #ILL-666 Gentlemen: It is our understanding that you have placed a mortgage upon the Premises and as a requirement thereof, have required this certification by the undersigned. The undersigned, as Tenant, under that certain Office Lease (the "Lease") dated ________________, 199___ made with LaSalle National Bank, not personally but as Trustee under Trust Agreement dated March 1, 1984 and known as Trust No. 107701, as Landlord, hereby ratifies said Lease and certifies that: 1. The undersigned entered into occupancy of the Premises described in the Lease on___________________, 199__; 2. The undersigned is presently open and conducting business in the Premises; 3. Base Rent (as that term is defined in the Lease) in the amount of $_________________________ per month was payable from the Commencement Date (as that term is defined in the Lease) subject to any rent concessions provided for in the Lease; 4. The Lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way, except as provided immediately below, and neither party thereto is in default thereunder, 5. The Lease represents the entire agreement between the parties as to this leasing of the Premises; 6. The term of the Lease expires on ____________________, (unless sooner terminated or extended as provided therein; 7. All conditions under the Lease or this Work Agreement and fail to cure be performed by the same within the time permitted for cure under the Lease, at Landlord's option, all amounts paid or incurred Landlord have been satisfied thereunder, 8. All required contributions by Landlord towards to Tenant, if any, have been received by Tenant, except for $___________due Tenant; 9. As of the Improvement Allowance shall become immediately due date hereof, there are no existing defenses or offsets which the undersigned has against the enforcement of the Lease by Landlord; 10. No more than one month's Base Rent has been paid in advance and payable as additional rent under that a security deposit in the Leasefollowing amount has been deposited with Landlord (if none, state so):_____________________; and 11. Base Rent for the period ___________________, has been paid. Very truly yours, ----------------------------- (Name of Tenant) By: ------------------------ Its: -------------------- EXHIBIT C D AGREEMENT OF SUBORDINATION, NON-DISTURBANCE DISTURBER AND ATTORNMENT THIS AGREEMENT THIS OF SUBORDINATION, NON-DISTURBANCE DISTURBER AND ATTORNMENT AGREEMENT (this "AGREEMENTAgreement") is made the _____ day of _____, 1998, by and between among TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation with offices corporation, having its principal office and post office address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (hereinafter called "LENDERTeachers"), LASALLE NATIONAL BANK, as successor Trustee under Trust Agreement dated September 1, 1988 and known as Trust No. 113495, having its principal office and post office address at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ("Ground Lessor") and _____________________________, a [an] [individual] name of state [corporation] [limited liability company] [general partnership] [limited partnership] [d/b/a having its principal office and post office address at ________________] with its principal place of business at ____________________ (hereinafter called "TENANTTenant").

INCORPORATED INTO LEASE; DEFAULT. THE PARTIES AGREE THAT THE PROVISIONS OF THIS WORK AGREEMENT ARE HEREBY INCORPORATED BY THIS REFERENCE INTO THE LEASE FULLY AS THOUGH SET FORTH THEREIN. In the event of any express inconsistencies between the Lease and this Work Agreement, the latter shall govern and control. If Tenant shall default under this Work work Agreement, and fail to cure within ten (10) business days (provided, if the nature of Tenant's default is such that more time is reasonably required in order to cure, Tenant shall not be in default if Tenant commences to cure within such period and thereafter diligently and reasonably pursues such cure to completion), Landlord may order that all Tenant's Work being performed in the Premises be stopped immediately, and that no further deliveries to the Premises be made, until such default is cured, without limitation as to Landlord's other remedies. Any amounts payable by Tenant to Landlord hereunder shall be paid as additional rent Additional Rent under the Lease. Any default by the other party hereunder shall constitute a default under the Lease and shall be subject to the remedies and other provisions applicable thereto under the Lease. If Tenant shall default under the Lease or this Work Agreement and fail to cure the same within the time permitted for cure under the Lease, at Landlord's option, all amounts paid or incurred by Landlord towards the Improvement Allowance shall become immediately due and payable as additional rent Additional Rent under the Lease. EXHIBIT C SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "AGREEMENT") is made by and between TEACHERS LANDLORD: UNUM LIFE INSURANCE AND ANNUITY ASSOCIATION COMPANY OF AMERICA, a New York corporation with offices at AMERICA By: /s/ S▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ C▇▇▇▇, ▇ ------------------------------------------------- S▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Carvel , Assistant Vice President TENANT: INTER-CALL-NET TELESERVICES, INC. D/B/A H▇▇▇▇▇▇▇▇.▇▇▇ By: S▇▇▇▇ ▇▇▇▇▇▇▇, President ------------------------------------------------- EXHIBIT D RULES AND REGULATIONS FOR THE 6340 BUILDING ----------------- The following Rules and Regulations have been formulated for the safety and well-being of the Tenant and become effective upon occupancy. Strict adherence to these Rules and Regulations is necessary to guarantee that the Tenant will enjoy a safe and unannoyed occupancy of the Premises. Any repeated or continuing violation of these Rules and Regulations by Tenant after notice and time to cure from Landlord, shall be sufficient cause for termination of this Lease, at the option of Landlord. Landlord may, upon request by the Tenant, waive the compliance by the Tenant of any of the foregoing Rules and Regulations provided that ("LENDER"i) no waiver shall be effective unless signed by Landlord's authorized agent, (ii) an such waiver shall not relieve the Tenant from the obligation of complying with the remainder of the foregoing Rules and _____________________________Regulations unless the Tenant has received a similar waiver in writing form Landlord. Landlord agrees not to unreasonably discriminate against Tenant in the enforcement of the Rules and Regulations in effect with regard to the Building. 1. The sidewalks, entrances, passages, courts, or other exterior parts of the Building and the Premises shall not be obstructed or encumbered or used for any purpose other than ingress and egress, and Tenant shall keep the sidewalks and curb directly in front of said Premises clean and free from debris. Subject to the other provisions of the Lease, Tenant shall have the right to control and operate the Building, and the facilities furnished for the Building, in such manner as Tenant deems best. 2. No awnings or other projections shall be attached to the outside walls of the Building without the prior written consent of Landlord. No drapes, blinds, shades or screens shall be attached to or hung in or used in connection with, any window or door of the Premises, without the prior consent of Landlord in its reasonable discretion. Such awnings, projections, curtains, blinds, screens or other fixtures must be of a [quality, type, design and color and attached in the manner approved by Landlord in its reasonable discretion. 3. Except as otherwise provided for in this Lease, no sign, picture, advertisement, notice or other lettering shall be exhibited, inscribed, printed or affixed by the Tenant on any part of the outside or inside of the Building that is visible from the outside without the prior written consent of Landlord. In the event of the violation of the foregoing by the Tenant, Landlord may remove same without any notice or liability, and may charge the expense incurred by such removal to the Tenant. 4. No show cases or other articles shall be put in front of or affixed to any part of the exterior of the Building without the prior written consent of Landlord. 5. The water and wash closets and other plumbing fixtures shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags or other substances shall be thrown therein. All damages resulting from any misuses of the fixtures shall be borne by the Tenant. 6. All contractors an] [individual] name /or technicians performing work for Tenant within the Premises, Building or parking facilities shall be referred to Landlord for approval before performing such work. This shall apply to all work including, but not limited to, installation of state [corporation] [limited liability company] [general partnership] [limited partnership] [d/b/telephone, telegraph equipment, electrical devises and attachments, and all installations affecting floors, walls, windows, doors, ceilings, equipment or any other physical feature of the Building, the Premises or parking facilities. None of this work shall be done by Tenant without Landlord's prior written approval. 7. The Tenant shall not construct, maintain, use or operate within the Premises or elsewhere within or on the outside of the Building any electrical device, wiring or apparatus in connection with a ________________] loud-speaker system other than an office loud-speaker system with speakers solely within the Premises. 8. No vehicles, or animals, birds or pets of any kind shall be brought into or be kept in or about the Premises, and no cooking shall be done or be permitted by the Tenant on said Premises except for the Tenant's own use. The Tenant shall not make, or permit to be made, any unseemly or disturbing noises which disturb or interfere with occupants of neighboring buildings or premises or those having business with them whether by the use of any musical instrument, radio phonograph, unmusical noise, whistling, singing or in any other way. The Tenant shall not throw anything out of doors or windows or down corridors or stairs of the Building. 9. No inflammable, combustible or explosive fluid, chemical or substances shall be brought or kept upon Premises. Landlord acknowledges, however, that Tenant shall be entitled to keep those items necessary to run its principal place photocopying equipment. 10. No additional locks or bolts of business at ____________________ ("TENANT")any kind shall be placed upon any of the doors or windows by the Tenant, nor shall any changes be made in existing locks or the mechanism thereof without Landlord's consent. The Tenant shall, upon the termination of its tenancy, return to Landlord all keys of offices, storage and toilet rooms either furnished to, or otherwise procured by the Tenant, and in the event of the loss of any keys so furnished, Tenant shall pay to Landlord the cost to re-key the locks operated by those keys. 11. Any person employed by the Tenant to do janitorial work within the Premises must obtain Landlord's consent, and such person shall, while in the Building on said Premises, comply with all reasonable instructions issued by the Landlord's property manager. 12. Landlord shall have the right to prohibit any advertising by the Tenant which, in Landlord's opinion, tends to impair the reputation of the Premises and upon written notice from Landlord, the Tenant shall refrain from or discontinue such advertising. 13. The Tenant shall be responsible for all persons for whom it authorizes entry into or exit out of the Building and shall be liable to Landlord for all acts of such persons, except to the extent covered or required to be covered by insurance carried, or required to be carried, by Landlord. 14. The Premises shall not be used for lodging or sleeping or for any immoral or illegal purpose. 15. Canvassing, soliciting and peddling on the Premises is prohibited and the Tenant shall cooperate to prevent the same. 16. In the event Tenant must dispose of crates, boxes, etc. which will not fit into office wastepaper baskets, it will be the responsibility of Tenant to dispose of same.