Exhibit 10(aa)
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between ▇▇▇▇▇▇ RESTAURANTS,
INC., a Texas corporation (herein referred to as "Landlord"), and ▇▇▇▇'▇, INC.,
Delaware corporation (hereinafter referred to as "Tenant").
In consideration of the mutual covenants and agreements set forth in this Lease
Agreement (hereinafter referred to as the "Lease"), and other good and valuable
consideration, Landlord does hereby demise and lease to Tenant, and Tenant does
hereby lease from Landlord a portion of that certain real property in the City
of Houston, Texas, described in Exhibit "A" attached hereto, consisting of
21,000 square feet of shop space and 5,664 square feet of office space located
at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇. The demised premises as set forth herein shall be
hereinafter referred to as the "Leased Premises."
ARTICLE I.
TERM
1.01 Term of Lease. The term of this Lease shall be three (3) years,
commencing on June 1, 2001 and ending on May 31, 2004 unless sooner terminated
as provided in this Lease.
1.02 Termination. In conjunction with the provisions of Article XII,
Section 12.09 herein, this Lease shall terminate and become null and void
without further notice on the expiration of the term specified in Section 1.01
herein or any renewals thereunder, and any holding over by Tenant after the
expiration of that term shall not constitute a renewal of the Lease or give
Tenant any rights under the Lease in or to the Leased Premises. Notwithstanding
other provisions set forth in this Lease, Landlord may, after thirty (30) days
prior written notice of default by Tenant of any of the terms or conditions of
this Lease, terminate this Lease without further notice to Tenant if such
default is not cured by Tenant within said thirty (30) day period and proof
thereof submitted to Landlord. Upon termination under the provisions of this
Agreement, such Lease shall become null and void.
ARTICLE II.
RENT AND TAXES
2.01 Monthly Rent. During the initial term and any succeeding terms of
this Lease, Tenant agrees to pay Landlord, without demand, deduction, or offset,
the sum of Six Thousand Five Hundred and No/100 Dollars ($6,500.00) per month,
on or before the first day of each month.
2.02 Taxes. Landlord shall pay all taxes which shall be assessed against
the Leased Premises during the term of this Lease. Tenant shall pay, before
delinquency, all taxes, ad valorem taxes, assessments, license fees, and other
charges (taxes) that may be levied or assessed against Tenant's moveable
property installed or located on the Leases Premises, and that become due and
payable during any portion of the term of this Lease. For purposes of this
section, "moveable property" shall mean all buildings, equipment, machinery, and
any other appurtenances placed upon the Leased Premises by Tenant or its agents.
ARTICLE III.
PERMITTED USE
3.01 Permitted Use. The Leased Premises may be used by the Tenant for any
and all lawful purposes.
3.02 Wastes, Nuisance or Illegal Usage. Tenant shall not use, or permit
the use of, the Leased Premises in any manner which results in waste of the
Leased Premises or constitutes a nuisance or violates any statute, ordinance,
rule, or regulation of any applicable jurisdiction to the Leased Premises or for
any illegal purpose.
ARTICLE IV.
REPAIRS, MAINTENANCE AND ALTERATIONS
4.01 Acceptance of Leased Premises by Tenant. Tenant hereby accepts the
Leased Premises from Landlord "as is" with no warranty, express or implied, as
to its condition or suitability for any particular purpose.
4.02 Repairs and Maintenance by Tenant. Landlord shall, throughout the
term of this Lease, at its own expense and risk, maintain the exteriors of all
improvements on the Leased Premises in good order and condition, including, but
not limited to, making all repairs and replacements necessary to keep the Leased
Premises thereon in good condition. Tenant shall, throughout the term of this
Lease, at its own expense and risk, maintain the interiors of all improvements
on the Leased Premises in good order and condition, including, but not limited
to, making all repairs and replacements necessary to keep the Leased Premises
and improvements thereon in good condition. Neither party shall be required
under this section to repair or maintain damage or deterioration caused by the
other party. All maintenance, repairs and replacements required by this section
must be performed promptly when required and in a manner that will not cause
depreciation of the value of the Leased Premises.
4.03 Failure to Repair or Maintain. In the event either party fails to
perform its obligation to repair, replace or maintain, as set forth in 4.02
above, after notice from the other party of the need for such repair,
replacement, or maintenance and the passage of a reasonable amount of time for
performance after such notice, the notifying party may enter the Premises and
make such repairs or replacements or perform such maintenance or cause such
repairs or replacements to be made or maintenance to be performed, at its own
expense. Upon receipt of notice of the performance and the cost of any
maintenance, repairs, or replacements pursuant to this section, the party
responsible for repair, replacement or maintenance as set forth in Section 4.01
hereinabove shall immediately reimburse the notifying party for any reasonable
costs incurred by that party pursuant to this section.
4.04 Landlord's Right of Entry. Landlord shall have the right to enter
upon the Leased Premises during normal business hours for the purpose of
inspecting the same, making repairs or additions to the Leased Premises, making
repairs, alterations, or additions to adjacent premises, or of showing the
Leased Premises to prospective purchasers, tenants, or lenders. Such entry
shall not unreasonably interfere with Tenant's business.
4.05 Cleanup. Upon the termination of this Lease, for whatever reason,
Tenant shall surrender the Leased Premises to Landlord broom clean, ordinary
wear and tear excepted, subject, however, to the provisions of Subsection 4.06
below, Tenant shall repair any damage to the Leased Premises occasioned by the
removal of its trade fixtures, furnishings, and equipment pursuant to Subsection
4.06 below, which repair shall include the patching and filling of holes and
repair of structural damage.
4.06 Alterations and Additions. Tenant shall not, without Landlord's
prior written consent, make any alterations, improvements, additions, or utility
installments, in or about the Leased Premises, except for non-structural
alterations not exceeding One Thousand Dollars ($1,000.00) in cost. In the
event Tenant wishes to make additions or alterations to the Leased Premises the
cost of which shall exceed One Thousand Dollars, Landlord shall not unreasonably
withhold its consent to such alterations or additions. Tenant at its sole
option may elect to remove any such alterations, improvements or additions, or
portions thereof at the expiration or termination of this Lease, and restore the
Leased Premises to its prior condition with respect to such removal. Should
Tenant not so elect, Landlord may, at its sole option, demand removal of any
such alterations, improvements, or additions, or portions thereof, at the
expiration or termination of this Lease, and demand the Leased Premises be
restored to its prior condition with respect to such removal. Tenant shall bear
all costs for the removal of the improvements and restoration of the Leased
Premises.
4.07 Used Prohibited by Insurance Coverage. Tenant shall not, without
Landlord's prior written consent, keep anything within the Leased Premises or
use the Leased Premises for any purpose which invalidates any insurance policy
carried on the Leased Premises. All property kept, stored, or maintained within
the Leased Premises by Tenant shall be at Tenant's sole risk. Notwithstanding
the foregoing, storage of doors and related glass products and all reasonable
use of a forklift and tow motor shall be permitted.
ARTICLE V.
UTILITIES AND WASTE REMOVAL
5.01 Utility Charges. Tenant shall pay its pro rata share of all
electrical utilities based on submetering provided by Landlord. Tenant shall
pay its own water and gas utilities.
5.02 Waste Removal. Tenant shall pay for and expedite the removal of all
waste material and rubbish from the Leased Premises during the term of this
Lease. Such removal shall be in compliance with all applicable federal, state
and local ordinances, rules and regulations. Tenant shall not be required to
pay for or expedite the removal of waste material or rubbish generated by
Landlord or waste material or rubbish pre-existing onsite before commencement of
this Lease.
5.03 Contaminant Spills and Releases. Tenant shall immediately correct,
contain, and remediate any and all actual or threatened spills or releases of
hazardous substances, regulated nonhazardous substances, or petroleum products
which occur on the Leased Premises during the term of this Lease or for any
other period in which Tenant exercises control of the Leased Premises, excepting
spills released solely by Landlord or its agents or contractors. If Tenant
fails to perform Tenant's obligations hereunder, Landlord may, upon Landlord's
sole election, enter upon the Leased Premises after five (5) days prior written
notice to Tenant, and perform all necessary actions to remediate or contain any
actual or threatened release, or to otherwise reestablish compliance with any
and all applicable municipal, state or federal laws, ordinances, and
regulations, and the reasonable costs thereof shall become due and payable as
additional rent to Landlord contemporaneously with Tenant's next rental
installment. The terms and conditions of this section shall be subject to the
terms and provisions of Section 7.05 hereinafter.
ARTICLE VI.
MECHANIC'S LIENS
6.01 Mechanic's Liens. Tenant will not permit any mechanic's lien or
liens that result, directly or indirectly from Tenant's actions, to be placed
upon the Leased Premises or improvements of the Leased Premises. If a
mechanic's lien, resulting directly or indirectly from Tenant's actions, is
filed on the Leased Premises or on improvements on the Leased Premises, Tenant
will promptly remove the lien, by payment, bond, or other acceptable means. If
default in removal of the lien continues for twenty (20) days after written
notice from Landlord to Tenant, Landlord may, at its option, pay the lien or any
portion of it without inquiry as to its validity. Any amounts paid by Landlord
to remove a mechanic's lien caused to be filed against the Leased Premises or
improvements on the Leased Premises by Tenant, including expenses and interest,
shall be due from Tenant to Landlord and shall be paid to Landlord immediately
upon rendition of notice.
ARTICLE VII.
INSURANCE AND INDEMNITY
7.01 Property Insurance. Landlord shall, during the term of this Lease,
keep all improvements on the Leased Premises insured against loss or damage by
catastrophe or theft.
7.02 Liability Insurance. Tenant, at its own expense, shall provide and
maintain in force during the term of this Lease, general liability and
contractual liability insurance with $500,000.00 bodily injury and property
damage, combined single limit each occurrence, $500,000.00 personal injury
liability, and $1,000,000.00 general aggregate. This insurance shall be carried
with an insurance company satisfactory to Landlord and authorized to do business
in the state where the Leased Premises is located. All insurance required under
this Section shall include from each insurance company an endorsement naming
Landlord as additional insured and a waiver of subrogation issued in favor of
the Landlord.
7.03 Proof of Insurance. Tenant shall furnish to Landlord proof of
insurance by causing the policies or duly executed certificates thereof to be
delivered to Landlord. Proof of all renewals of such policies shall also be
delivered to Landlord at least thirty (30) days prior to the expiration of the
respective policy terms. All policies maintained by Tenant shall provide for
Landlord to be named as an additional insured with a waiver of subrogation in
favor of Landlord, and a minimum of thirty (30) days notice of cancellation or
material change to be provided to Landlord.
7.04 Indemnification. Tenant shall save, defend, indemnify and hold
Landlord harmless from and against all damages, losses, claims, demands, causes
of action, liens, expenses, and other liabilities arising out of the actions of
Tenant's employees, sublessees, and agents in any way related to the performance
of this Lease, except to the extent such are caused by Landlord's negligence or
willful misconduct. In those matters in which Tenant is required to indemnify
and hold Landlord harmless and to the same extent to which Tenant is required to
do so, Tenant shall defend claims asserted against Landlord and pay costs,
expenses, and attorney's fees incidental thereto and judgments resulting from
such claims. Landlord shall have the right, at its option, to participate in
the defense of each such claim without relieving Tenant of any obligations
expressed herein. In cases of losses, claims, actions, costs, expenses,
judgments, subrogation or other damages resulting from the joint negligence of
Tenant and Landlord, Landlord and Tenant shall share such liability or loss on
the basis of liability or loss. Tenant shall not be held responsible for any
losses, expenses, claims, actions, costs, judgments, or other damages, directly,
solely, and proximately caused by the negligence of Tenant.
7.05 Property and Environmental Indemnification. Tenant agrees to save,
defend, indemnify, and hold harmless Landlord, its successors and assigns, from
and against any and all claims, liabilities (including strict liability),
losses, damages, expenses, and other liabilities for bodily injury (including
death), and costs whether seen or unforeseen (including, without limitation,
cleanup costs; enforcement actions; penalties; counsel; engineering; and other
professional fees, which may be incurred by Landlord, its subsidiaries,
divisions, or successors and assigns to the extent the same arise out of any
hazardous, regulated non-hazardous, or petroleum discharge or environmental
complaint attributable to Tenant's occupation or operation of the Leased
Premises, or due to Tenant's failure to obtain any and all necessary
environmental permits, registrations, or authorizations in connection with the
possession, use, operation, or activities of Tenant on or related to the Leased
Premises during the occupancy of Tenant, its agents, employees, or
representatives. Such indemnity under this section shall survive the
termination of this agreement.
Tenant shall have no liability for contamination from hazardous substances on
the Leased Premises which occurred before the commencement of this Lease or
which is caused by Landlord or its contractors. Landlord shall indemnify,
defend, and hold harmless Tenant from and against any loss, cost, damage,
expense, liability, or claim arising from or related to the presence of any
hazardous substance on, under, or in the Leased Premises prior to the
commencement of this Lease. As used herein, "hazardous substances" shall mean
any substance, the release, storage, disposal, use, or treatment of which is
regulated or shall become regulated by applicable law, statute, regulation,
code, or ordinance during the term of this Agreement.
ARTICLE VIII.
DAMAGE OR DESTRUCTION
8.01 Partial Damage - Insured. Subject to the provisions of Section 8.04,
if the Leased Premises are damaged and such damage was caused by casualty
covered under an insurance policy maintained by Landlord pursuant to Section
7.01, Landlord shall, at Landlord's expense, repair such damage as soon as
reasonably possible and this Lease shall continue in full force and effect.
8.02 Partial Damage - Uninsured. If at any time during the term hereof
the Leased Premises are damaged, except by a negligent or willful act of
Landlord or someone acting under Landlord's direction, and such damage was
caused by a casualty not covered under an insurance policy to be maintained by
Landlord pursuant to Section 7.01, Tenant may, at Tenant's expense, elect to
repair such damage as soon as reasonably possible and this Lease shall continue
in full force and effect.
8.03 Total Destruction. If at any time during the term hereof the Leased
Premises are totally destroyed from any cause whether or not covered by the
insurance required to be maintained pursuant to Section 7.01 (including any
total destruction required by authorized public authority), this Lease shall
terminate automatically as of the date of such total destruction.
8.04 Damage Near End of Term. If the Leased Premises are partially
destroyed or damaged during the last three (3) months of the term of this Lease
or any renewal thereof, either Landlord or Tenant at its option may cancel or
terminate this Lease as of the date of occurrence of such damage by giving
written notice to the other party of its election to do so within thirty (30)
days after the date of occurrence of such damage.
8.05 Abatement of Rent - Tenant's Remedies. If the Leased Premises are
partially destroyed or damaged and Landlord or Tenant repairs or restores them
pursuant to the provisions of this Lease, the rent payable hereunder for the
period during which such damage, repair or restoration continues shall be abated
in proportion to the degree in which Tenant's use of the Leased Premises is
impaired. If Landlord shall be obligated to repair or restore the Leased
Premises under the provisions of this Lease and shall not commence such repair
or restoration within forty-five (45) days after such obligation shall accrue,
Tenant may at its option, cancel and terminate this Lease by giving written
notice of Tenant's election to do so at any time not less than five (5) days to
commencement of such repair restoration.
ARTICLE IX.
DEFAULT
9.01 Default by Tenant. In the event of default in any of Tenant's
covenants or obligations set forth herein, Landlord may assert any remedies
provided or made available by law to an aggrieved landlord. Without limiting
the generality of the foregoing, Landlord, at its sole option, may pursue and
exercise any one or all of the following remedies which shall be cumulative:
(a) Landlord may declare the Lease forfeited, but such declaration
of forfeiture shall not terminate Tenant's duty to pay rentals
or other charges owed Landlord hereunder, nor waive any other
rights of Landlord, unless Landlord expressly so states in
writing;
(b) Landlord may resume possession of the Leased Premises and relet
the same for the account of Tenant, who shall make good any
deficiency;
(c) Landlord may recover all arrearages of rent and other charges
owed Landlord hereunder;
(d) In the event that Tenant defaults in its covenant to pay rent
and such default continues for ten (10) days, Landlord shall
have the right to accelerate the total amount of rentals and
charges due hereunder and to collect same as liquidated damages,
irrespective of whether Landlord may have resumed possession of
the Leased Premises or asserted any of its other rights; and
(e) Tenant, in addition to arrearages of rentals and future rentals,
shall be liable for all damages and expenses which Landlord has
suffered by reason of Tenant's default, including, but not
limited to, damage to the Leased Premises (which shall be
determined at Landlord's option by Landlord's cost to repair the
same or by the difference in the market value of the Leased
Premises before and after such damage), cost of reletting (e.g.,
advertising the premises for lease and preparation of new lease
development), attorneys' fees, costs of court, costs of
repossession, and other related special or consequential
damages.
9.02 Waiver of Notice. Tenant hereby waives all exemptions in connection
with such properties which would otherwise be available to it. Landlord shall
give Tenant ten (10) days prior written notice of any actual default described
herein; provided, however, that no such notice shall be a prerequisite to
Landlord's assertion of its rights, whether under this Lease or by law, when
such default is in Tenant's duty to timely and fully pay rental and other
charges under this Lease. In the event Tenant becomes bankrupt or makes a
voluntary assignment for the benefit of creditors or in the event a receiver of
Tenant is appointed, then, at the sole option of Landlord and upon thirty (30)
days prior written notice to Tenant of Landlord's exercise of such option, this
Lease shall cease, become null and void, and of no further force and effect.
9.03 Default by Landlord. If Landlord defaults in the performance of any
term, covenant, or condition required to be performed by it under this Lease,
Tenant may elect to terminate this Lease on giving at least thirty (30) days
written notice to Landlord of such intention. In the event Tenant elects to
terminate this Lease, the Lease will be terminated on the date designated on
Tenant's notice.
9.04 Cumulative Remedies. All rights and remedies of Landlord and Tenant
under this article shall be cumulative, and none shall exclude any other right
or remedy provided by law or provided by any other provision of this Lease. All
such rights and remedies may be exercised and enforced concurrently and
whenever, and as often as, occasion for the exercise of such rights and/or
remedies arises.
9.05 Waiver of Breach. A waiver by either Landlord or Tenant of a breach
of this Lease by the other party does not constitute a continuing waiver or a
waiver of any subsequent breach of the Lease.
ARTICLE X.
INSPECTION BY LANDLORD
10.01 Inspection by Landlord. Tenant shall permit Landlord and Landlord's
agents, representatives, and employees to enter into and on the Leased Premises
at all reasonable times for the purpose of inspection, or any other purpose
necessary to protect Landlord's interest in the Leased Premises or to perform
Landlord's duties under this Lease.
ARTICLE XI.
ASSIGNMENT AND SUBLEASE
11.01 Assignment and Subletting by Tenant. Tenant may not sublet, assign,
encumber or otherwise transfer, including any transfer by operation of law, this
Lease or any right or interest in this Lease or in the Leased Premises or in the
improvements on the Leased Premises without the prior written consent of
Landlord. Landlord's consent under this section will not be arbitrarily or
unreasonably withheld. Tenant shall at all times remain fully responsible and
liable for the payment of the rent herein specified and for compliance with all
remaining obligations under this Lease. Should Tenant be in default of any of
its obligations under this Lease, Landlord, in addition to any other remedies
provided by law, may, at his option, collect directly from the assignee or
sublessee all rents becoming due to Tenant under such assignment or sublease and
apply such rents against any sums due to Landlord by Tenant hereunder. No
direct collection by Landlord from any such assignee or sublessee shall be
construed to constitute a novation or release of Tenant from the further
performance of its obligations under this Lease.
11.02 Tenant's Additional Rental Obligation Upon Subleasing. In the event
that Tenant shall sublease any or all of its interest in the Leased Premises,
Tenant agrees to pay Landlord an additional rental in the amount of twenty
percent (20%) of the regular monthly rental amount stated in Article II, section
2.01 herein. Upon subleasing all or any part of the Leased Premises, Tenant
hereby agrees to execute an amendment to this Lease acknowledging its additional
rental payment obligation as set forth in this section. Such amendment shall be
executed before Tenant shall be permitted to sublease all or any part of the
Leased Premises.
11.03 Restriction Against Encumbrances. Tenant shall not mortgage, pledge,
or otherwise encumber its interest in this Lease or in the Leased Premises, nor
may its interests in and to this Lease be assigned or otherwise transferred by
operation of law.
11.04 Assignment by Landlord. Landlord may freely assign or transfer any
or all of its interest under this Lease.
ARTICLE XII.
MISCELLANEOUS
12.01 Notices and Addresses. All notices required under this Lease must be
given by certified mail, return receipt requested, postage prepaid and addressed
to the proper party at the following addresses:
If to Landlord: ▇▇▇▇▇▇ Restaurants, Inc.
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇
Attention: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇
If to Tenant: ▇▇▇▇'▇, Inc.
▇.▇. ▇▇▇ ▇▇▇▇▇
▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Attention: ▇▇▇▇ ▇▇▇▇▇▇
Either party may change the address to which notices are to be sent it by giving
the other party notice of the new address in the manner provided in this
section.
12.02 Parties Bound. This Lease Agreement shall be binding upon, and inure
to the benefit of, the parties to this Lease and all rights and liabilities
herein given to or imposed upon the respective parties hereto shall extend to
and bind their respective heirs, executors, administrators, successors, and
assigns, and if there be more than one Tenant, they shall be bound jointly and
severally by the terms, covenants, and conditions herein. No rights under this
Lease shall inure to the benefit of any assignee of Tenant without the prior
express written approval of Landlord.
12.03 Texas Law to Apply. This Lease shall be governed by and interpreted
pursuant to the laws of the state of Texas and the parties voluntarily submit to
personal jurisdiction in either the United States District Court for the
Southern District of Texas or the local courts of ▇▇▇▇▇▇ County, Texas.
12.04 Legal Construction. In case any one or more of the provisions
contained in this Lease shall for any reason be held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other provision
of the Lease and this Lease shall be construed as if the invalid, illegal, or
unenforceable provision had never been included in this Lease.
12.05 Time of Essence. Time is expressly declared to be of the essence of
this Lease.
12.06 Prior Agreements Superseded. This Lease and the exhibits, if any,
attached hereto and forming a part hereof, contain the entire and only agreement
covering this subject matter/transaction between the parties and any
representation, promise, or condition in connection with the subject
matter/transaction of this Lease not incorporated herein shall not be binding
upon either party. This Lease Agreement supersedes and cancels any former
written agreement between the parties covering the same subject
matter/transaction. No modification of this Lease shall be of any force or
effect unless reduced to writing and signed by the party claiming to be bound
thereby.
12.07 Effect of Bankruptcy. Tenant agrees that in the event any
proceedings under the Bankruptcy Act or any amendment thereto shall be commenced
by or against Tenant, and if against Tenant, such proceeding shall not be
dismissed before either an adjudication in bankruptcy or the confirmation of a
composition, arrangement, or plan of reorganization, or in the event Tenant is
adjudged insolvent or makes an assignment for the benefit of its creditors, or
if a receiver is appointed in any proceeding or action to which Tenant is a
party, with authority to take possession or control of the Demised Premises or
the business conducted thereon by Tenant, and such receiver is not discharged
within sixty (60) days after his appointment, any such event or any involuntary
assignment prohibited by the provisions of this Lease shall be deemed to
constitute a breach of this Lease by Tenant and shall, at the election of
Landlord, but not otherwise, and without notice or entry or other action of
Landlord to terminate this Lease and also all rights of Tenant hereunder and in
and to the Demised premises and also rights of any and all persons claiming
under Tenant.
12.08 Rights and Remedies Cumulative. The rights and remedies provided by
this Lease are cumulative, and the use of any one right or remedy by either
party shall not preclude nor waive that party's right to use any or all other
remedies. The rights and remedies provided by this Lease are in addition to any
other rights the parties may have by law, statute, ordinance, or otherwise.
12.09 Attorney's Fees and Costs. If as a result of a breach of this Lease
by either party, the other party employs an attorney or attorneys to enforce its
rights under this Lease, then the breaching or defaulting party agrees to pay
the other party the reasonable attorney's fees and costs incurred to enforce the
Lease.
12.10 Sale of Demised Premises. In the event the Leased Premises are sold,
Landlord has the right to terminate this Lease upon ninety (90) days prior
written notice.
12.11 Force Majeure. Neither Landlord nor Tenant shall be required to
perform any term, condition, or covenant in this Lease so long as such
performance is delayed or prevented by force majeure, which shall mean, acts of
God, strikes, lockouts, material or waiver restriction by any governmental
authority, civil riot, floods and any other cause not reasonably within the
control of Landlord or Tenant in which by the exercise of due diligence,
Landlord or Tenant is unable, wholly or in part, to prevent or overcome.
12.12 Captions and Headings. The captions, article and section numbers,
basic provisions, and any index appearing in this Lease are inserted as a matter
of convenience only, and in no way define, limit, construe, or describe the
scope or intent of such sections of this Lease, nor in any way affect this
Lease.
12.13 Examination of Lease. The submission of this Lease for examination
does not constitute a reservation of or option for the Leased Premises and this
Lease becomes effective only upon execution and delivery hereof both by Landlord
and Tenant.
12.14 Exhibits and Attachments. The following exhibits are attached to
this Lease and incorporated herein for all purposes. Rendition of Leased
Premises.
EXECUTED this the 28th day of September, 2001, at Houston, ▇▇▇▇▇▇ County, Texas,
but effective as of June 1, 2001.
LANDLORD:
▇▇▇▇▇▇ RESTAURANTS, INC.
By: /s/▇▇▇▇▇ ▇▇▇▇▇▇▇
________________
Printed Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇
Title: Controller
________________
TENANT:
▇▇▇▇'▇, INC.
By: /s/▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
Printed Name: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇
_________________
Title: Senior Vice President
