You are on page 1of 30

RETAIL LEASE AGREEMENT

Suite 3, Windermere Shopping Center

Lease Agreement (hereinafter sometimes referred to as the "Lease") made this 25th day of March, 2011, by and
between APPLE PROPERTIES, LLC (hereinafter called "Landlord"), and Keith Muhammad (hereinafter called
"Tenant"), and Realty World Leading Experts . (hereinafter called "Agent"), all being parties hereto.

The parties agree as follows:

1. Premises In consideration of the terms and conditions of this Agreement, Landlord does hereby lease and rent to Tenant
and Tenant hereby leases and rents from Landlord, the following described Premises upon the terms and conditions
of this Lease:

All that certain space containing approximately 1,200 sq. ft. being known and designated as Suite #3 located at
517 Highway 138, Riverdale, GA 30274 (hereinafter collectively called the “Property”).

2. Term The Term of this Lease (hereinafter the “Term”) and possession of the Premises by Tenant shall begin on the
1st day of April, 2011 (hereinafter called the “Commencement Date”), and continue through the 31st day of March,
2012, unless earlier terminated or extended in accordance with the terms of this Lease.

3. Base Rental Commencing on the 1st day of April, 2011, and thereafter on the first day of each and every month during the
Term of this Lease, Tenant shall pay to Landlord the sum stated below in paragraph 4 in advance as monthly rental
(hereinafter the “Base Rental” or “Base Rent”), without further notice or billing from Landlord. Rental for partial
months shall be prorated based on a daily basis.

4. Base Rent Schedule

Base rent shall be as follows:


Estimated Total Base Rent, Common
Common Area Area Maintenance, Taxes

Maintenance, , Taxes, Insurance monthly

Base Rent And Insurance (Adjusted Annually)


Monthly
Term Monthly (Adjustable Annually)

Months 01-02 $0.00 $0.00 $0.00


Months 03-08 $800.00 $0.00 $800.00
Months 09-12 $800.00 $150.00 $950.00

5. Security
Deposit Tenant has deposited with Landlord the sum of $800.00) as a security deposit which shall be held by Landlord,
without liability to Tenant for interest thereon, as security for the full and faithful performance by Tenant of each
and every term, covenant and condition of this Lease on the part of Tenant to be observed and performed. Landlord
shall not be required to keep this security deposit separate from its general funds, and Landlord shall be entitled to
any interest on such deposit. The security deposit shall not be considered an advance payment of Base Rent or
Additional Rent or a measure of Landlord’s damages in the event of a default by Tenant. If, from time to time, any
of the Rents herein reserved or any other charges or sums payable by Tenant to Landlord shall be overdue and
unpaid, or should Landlord make payments on behalf of Tenant, or should Tenant fail to perform any of the terms of
this Lease, then Landlord may, at its option, from time to time, and without prejudice to any other remedy which
Landlord may have on account thereof, appropriate and apply the security deposit, or so much thereof as may be
INITIAL HERE

1
necessary to compensate Landlord, toward the payment of the Rents, charges or other sums due from Tenant, or
towards any loss, damage or expense sustained by Landlord resulting from such default on the part of Tenant; and in
such event, Tenant shall be obligated, immediately upon demand, to replenish the security deposit held by Landlord
by paying to Landlord the amount appropriated or applied by Landlord hereunder. In the event Tenant shall fully
and faithfully comply with all of the terms, covenants and conditions of this Lease and pay all of the Rentals as they
become due and all other charges and sums payable by Tenant to Landlord, the security deposit shall be returned in
full to Tenant within thirty (30) days after the expiration or sooner termination of the Term of this Lease and the
surrender of the Premises by Tenant in compliance with the provisions of this Lease.

6. Use of
Premises
Tenant agrees and warrants that the Premises shall be used only for the following purposes and no others:
operation of a Restaruant only and shall be operated and advertised only under the trade name “ To Be Determined ”.
Tenant further agrees that the Premises will not be used for any illegal purposes nor in any manner that would
adversely affect any insurance coverage or cause an increase in any insurance premiums on the Premises or on the
Property. The purposes for which the Premises may be used shall be binding against Tenant, together with all of
Tenant’s assigns, subtenants, and any other persons holding by, under or through Tenant. Tenant shall keep the
Premises free of all insects, pests and rodents and otherwise in a clean safe and sanitary condition; comply with and
execute all present and future rules, regulations and standards recommended by any national or regional fire
protection association (or any other body exercising similar functions), landlord’s insurance carriers and
organizations establishing insurance rates concerning Tenant’s use of the Premises (including Tenant’s alterations
and additions, if any, thereto), comply with and observe all restrictive covenants of record which affect or are
applicable to the Property, provided, however, the same do not prohibit the use of the Premises described above in
this Paragraph. Tenant further agrees not to suffer, permit or commit any waste, nor to allow, suffer or permit any
odors, vapors, steam, water, vibrations, noises or undesirable effects to emanate from the Premises or any apparatus,
equipment or installation therein or otherwise to allow, suffer or permit the Premises or any use thereof to constitute a
nuisance or to interfere unreasonably with the safety, comfort or enjoyment of any other occupants of the Property or
their customers, invitees or any others lawfully in or upon the Property. Upon notice by Landlord to Tenant that any
of the aforesaid is occurring, Tenant agrees forthwith to promptly cease and discontinue the same and within five (5)
days thereafter to make such changes in the Premises and install therein or remove therefrom such apparatus or
equipment as may be required by Landlord for the purpose of obviating any such condition, and if any such condition
is not so remedied, then Landlord may, at its option, enter upon the Premises and cure such condition in any manner
Landlord shall deem necessary and add the cost and expense so incurred by Landlord together with all damages,
including reasonable attorneys’ fees, sustained by Landlord to the next installment of Rental due as additional rent.
The provisions of this Paragraph shall be cumulative of, and in addition to, any right or remedy provided in this Lease
relative to any of Tenant’s obligations hereunder. Tenant does not have any exclusive right to the above said use.
Other Tenants occupying the Property may pursue the same use.

7. Acceptance of
Premises Tenant acknowledges that Landlord and Agent have made no representations or warranties concerning the
Premises or the Property except those expressly set forth herein. By entry hereunder into, or opening for business in
the Premises, Tenant shall be deemed to have accepted the Premises and the Property, to have acknowledged that the
same are in the condition called for hereunder and to have agreed that as of that date all of the obligations imposed
upon Landlord or Agent under this Lease have been fully performed. Tenant therefore accepts the Premises as being
suited for the purposes as intended by Tenant.

8. Quiet
Enjoyment Tenant, upon paying the Rents herein reserved and performing and observing all other terms, covenants and
conditions of this Lease on Tenant’s part to be performed and observed, shall peaceably and quietly have, hold and
enjoy the demised Premises during the Term, subject, nevertheless, to the terms of this Lease and to any mortgages,
deeds to secure debt, deeds of trust and similar instruments.

9. Rent
Generally (a) In addition to the Base Rent and Additional Rent, as defined below, all other payments to be made by
Tenant to Landlord hereunder shall be deemed to be and shall become additional rent hereunder whether or not the
same be designated as such; and shall be due and payable on demand or together with the next succeeding installment
of rent, whichever shall first occur, and Landlord shall have the same remedies for failure to pay the same as for a
non-payment of rent. Landlord, at its election, shall have the right to pay or do any act which requires the expenditure
of any sums of money by reason of the failure or neglect of Tenant to perform any of the provisions of this Lease. In
the event Landlord shall at its election pay such sums or do such acts requiring the expenditure of monies, Tenant
INITIAL HERE

2
agrees to pay Landlord, upon demand, all such sums, and the sums so paid by Landlord shall be deemed Additional
Rent and be payable as such. All Base Rent, Additional Rent and other rent or amounts due or payable (all such
amounts hereinafter collectively referred to as “Rent” or “Rental”) shall be paid without any offset, deduction, notice
or demand whatsoever. Tenant agrees that the remedies of rent abatement or offset, application of Rent to eliminate
actual or alleged defaults of Landlord, and withholding of Rent until elimination of actual or alleged defaults of
Landlord shall not be available under this Lease. The covenants to pay Rent hereunder shall be independent
covenants and shall survive the end of the Lease. Notwithstanding any provision hereof to the contrary, rent shall be
made payable and delivered to 1105 Ascott Valley Dr, Duluth Ga 30097 or at such address as Landlord may
designate. No payment by Tenant or receipt by Landlord of a lesser amount than the Rental due shall be deemed to
be other than on account of the earliest due Rent, nor shall any endorsement or statement on any check or any letter
accompanying any check or payment of Rent be deemed an accord and satisfaction, and Landlord may accept such
check or payment without prejudice to Landlord’s right to recover the balance of such Rent or pursue any other
remedy provided in this Lease, including, without limitation, Landlord’s remedy of re-entering and repossessing the
Premises, whether through legal process or otherwise, with or without terminating this Lease.
(b) Payments received from Tenant shall be applied to the earliest sums due in the following order of
application: 1) charges arising from late payment of Rent, 2) charges arising from Tenant’s default, 3) sums
expended by Landlord by reason of the failure or neglect of Tenant to perform any of the provisions of this Lease, 4)
Additional Rent, 5) any other sum due Landlord, 6) Base Rent, 7) Replenishment of security deposit.
(c) Rent shall be paid in such coin or currency of the United States as at the time of payment shall be legal
tender for the payment of public or private debts; or by cashier’s check; or by certified check.
(d) Notwithstanding the requirement of Subparagraph 9A hereof, Tenant may pay the Rent by tendering a
check or bank draft drawn on an account in the name of the Tenant, unless and until notified by Landlord in writing
that said Tenant must comply with the requirements of Subparagraph 9A or unless Tenant submits a check or bank
draft that is dishonored which shall automatically cause Tenant to then have to comply with Subparagraph 9A hereof.
(e) Landlord may accept check(s) drawn on account(s) other than Tenant’s if tendered as Rent herefor, and
said acceptance of checks from parties other than Tenant shall not be construed as an assignment or sublease of
Tenant’s interest in this Lease.

10.1 Additional
Rent Tenant shall pay to Landlord, as “Additional Rent” (or “Additional Rental”), for each year or fractional year
during the Term, an amount of money equal to Tenant’s Proportionate Share, as hereinafter defined, of the Insurance
Premiums, Real Estate Taxes and Common Area Charges, as such terms are defined hereinbelow (collectively, the
“Operating Costs”), such amount to be paid and calculated as follows:
(a) On or before the first day of January of each calendar year (or, with respect to the year in which the
Commencement Date occurs, prior to the Commencement Date) during the Term, or as soon thereafter as is
practicable, Landlord may furnish Tenant with a statement (“Landlord’s Operating Costs Estimate”) setting forth
Landlord’s reasonable estimate of Operating Costs for the forthcoming year (or the fractional year in which the
Commencement Date occurs, as the case may be). During the Term, on the first day of each calendar month, Tenant
shall pay to Landlord one-twelfth of “Tenant’s Operating Costs Payment” as estimated on Landlord’s Operating
Costs Estimate; provided, however, that Landlord shall not be obligated to provide Tenant with Landlord’s
Operating Costs Estimate and if for any reason Landlord has not provided Tenant with Landlord’s Operating Costs
Estimate on the first day of any year during the Term (or by the Commencement Date, as the case may be), then, (i)
until the first day of the calendar month following the month in which Tenant is given Landlord’s Operating Costs
Estimate, Tenant shall continue to pay to Landlord on the first day of each calendar month the sum, if any, payable
by Tenant under this Paragraph 10.1 for the month of December of the preceding year and, (ii) on the first day of the
month following Tenant’s receipt of Landlord’s Operating Costs Estimate, Tenant shall pay to Landlord an amount
equal to one-twelfth of Tenant’s Operating Costs Payment as shown on such Landlord’s Operating Costs Estimate
plus an amount equal to the remainder obtained by subtracting the amount heretofore paid by Tenant pursuant to
Subparagraph 10.1 (c) from that amount obtained by multiplying the number of months (exclusive of the month then
at hand) occurring since the first day of such year (or since the Commencement Date, as the case may be) by
Tenant’s then correct monthly share of Landlord’s Operating Costs Estimate. If such calculation proves Tenant has
overpaid, Landlord shall apply such overpayment as a credit against Tenant’s future payment obligations until such
credit is depleted. Tenant shall thereafter during such year pay one-twelfth of Tenant’s Operating Costs Payment on
the first day of each calendar month. The foregoing notwithstanding, Landlord shall have the right from time to
time during any year to notify Tenant in writing of any change in Landlord’s Operating Costs Estimate, in which
event such Tenant’s Operating Costs Payment, as previously estimated, shall be adjusted to reflect the amount
shown in such notice and shall be effective, and due from Tenant, on the first day of the month following Landlord’s
giving of such notice.
(b) Within six months of January 1 of each year during the Term (beginning on the first day of July of the year
following the year in which the Commencement Date occurs), or within such longer period as is deemed reasonable
INITIAL HERE

3
by Landlord, Landlord shall furnish Tenant with a statement of the actual Operating Costs for the preceding year.
Within 30 days after Landlord’s delivery of such statement, Tenant shall make a lump sum payment to Landlord in
the amount, if any, by which Tenant’s Operating Costs Payment for such preceding year, as shown on such
Landlord’s statement, exceeds the aggregate of the monthly installments of the estimated Tenant’s Operating Costs
Payments paid during such preceding year. If Tenant’s Operating Costs Payment, as shown on such Landlord’s
statement, is less than the aggregate of the monthly installments of the estimated Tenant’s Operating Costs payment
actually paid by Tenant during such preceding year, then Landlord shall apply such amount to the next accruing
installment(s) of Additional Rent due from Tenant under this Paragraph 10.1 until fully credited to Tenant. In the
event Landlord fails to furnish Tenant with said statement of actual Operating Costs within said six (6) month
period, Tenant may provide Landlord with written notice requesting same and upon receipt of such notice Landlord
shall have ninety (90) days or such longer period as is reasonable to submit said statement. Landlord shall be under
no obligation to submit said statement until 90 days after receipt of the written request from Tenant.
(c) If the Commencement Date occurs on a date other than the first day of January, or if the Term ends on a
date other than the last day of December, the actual Operating Costs for the year in which the Commencement Date
or the expiration date occurs, as the case may be, shall be prorated so that Tenant shall pay that portion of Tenant’s
Proportionate Share of Operating Costs for such year represented by a fraction, the numerator of which shall be the
number of days during such fractional year falling within the Term, and the denominator of which is 365 (or 366, in
the case of a leap year). The provisions of this Subparagraph 10.1I shall survive the expiration date or any sooner
termination provided for in this Lease.
(d) For purposes of this Lease, the term “Tenant’s Proportionate Share” shall be a fraction, the numerator of
which is the net rentable area of the Premises (1,200 Sq. Ft.) and the denominator of which is the net rentable area
within the Property (excluding, without limitation, the square footage of the Common Areas, as hereinafter defined in
Paragraph 10.5) (10,000 Sq. Ft.). If during the Term any change occurs in the net rentable area of the Premises or the
Property, or if Landlord remeasures the Premises or Property, Tenant’s Proportionate Share shall be adjusted at
Landlord’s option, effective immediately after Landlord has given Tenant notice of such readjustment.
(e) Landlord’s current estimate of the monthly installments of Additional Rent due from Tenant during the first
calendar year of the Term is $150 , which amount is subject to adjustment as provided above.
(f) Tenant shall not receive any credit or offset against any Operating Costs of any type for any reason,
including without limitation Tenant’s obtaining separate services of the same or a similar nature, Tenant’s
performing or having performed services of the same or a similar nature, or any other reason whatsoever.
(g) Tenant hereby waives any right to dispute Operating Costs charges which are more than twelve (12) months
old.

10.2 Insurance
Premiums For purposes of this Lease, the term “Insurance Premiums’’ shall mean any premium for any insurance carried
by the Landlord with respect to the Property, which insurance at Landlord’s election may include, but is not limited
to, fire, extended coverage, vandalism and malicious mischief, boiler, rental and liability insurance.

10.3 Taxes and


Assessments For purposes of this Lease, the term “Real Estate Taxes” shall mean and include any and all governmental
imposts, levies, fees, charges, taxes or assessments of every kind and nature whatsoever which during the Term are
levied, assessed, become due and payable or are imposed against the Property or Premises or any portion thereof or
against Landlord by reason of its ownership and operation of the Property or Premises and its receipt of Rents
therefrom, extraordinary as well as ordinary, foreseen and unforeseen, including, without limitation, ad valorem
taxes, rent taxes, water and sewer rents, all other governmental exaction’s arising in connection with the use,
occupancy or possession of, or growing due and payable out of or for the Property or Premises or any part thereof
and expenses directly incurred by Landlord in contesting the validity of, in seeking a reduction in, or in seeking to
prevent an increase in any such tax(es); excepting only taxes measured by the net income of Landlord.

10.4 Other Taxes,


Assessments;
Utilities Tenant agrees to make timely payment of all ad valorem or other taxes and assessments levied upon Tenant’s
merchandise, fixtures, equipment, furnishings and other property located on or used in connection with the Premises
and of all privilege and business licenses, fees, taxes and similar charges in connection with Tenants business.
Tenant agrees to pay without limitation for all separately metered or billed gas, electricity, fuel, telephone, trash
container and the like utility charges for the Premises or used by Tenant in connection therewith. If Tenant does not
pay the same, Landlord may at its option do so and such payment shall be additional rent to be paid by Tenant.
Landlord shall have no liability to Tenant for disruption of any utility service, and in no event shall such disruption
constitute constructive eviction or entitle Tenant to abatement of Rent or other charges.

INITIAL HERE

4
Landlord reserves the right to stop the supply of water, sewage, electrical current, gas, telephone and other
services, without thereby incurring any liability to Tenant, when necessary by reason of accident or emergency, or for
repairs, alterations, replacements or improvements in the judgment of Landlord desirable or necessary, or when
prevented from supplying such services by strikes, lockouts, difficulty of obtaining materials, accidents or any other
cause beyond Landlord’s control, or by laws, orders or inability by exercise of reasonable diligence to obtain
electricity, water, steam, coal, oil or other suitable fuel or power. No diminution or abatement of Rent or other
compensation shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the obligations of Tenant
be affected or reduced by reason of, any such interruption, curtailment or suspension.

10.5 Common Areas


and Parking Landlord shall make available within the Property such Common Area, including but not limited to, parking
areas, driveways, truckways, delivery passages, loading docks, pedestrian sidewalks and ramps, access and egress
roads, open and enclosed courts and malls, landscaped and planted areas, pubic restrooms and other facilities, as
Landlord in its sole discretion shall deem appropriate (the “Common Areas”).
Landlord shall operate, manage, equip, light, repair and maintain said Common Area for their intended purposes
in such manner as Landlord, in its sole discretion, shall determine, and Landlord reserves the right to change from
time to time the size, location, nature and use of any Common Area, to sell or lease any portion thereof and to make
additional installations therein and to move and remove the same, and Landlord shall not be subject to liability
therefor not shall Tenant be entitled to any compensation, or diminution or abatement of rent, not shall any such
action be deemed an actual or constructive eviction of Tenant.
During the Term of this Lease only, Tenant and its permitted concessionaires, officers, employees, agent,
customers and invitees shall have the non-exclusive right, in common with Landlord and all others to whom
Landlord has or may hereafter grant rights, to use the Common Area a designated from time to time by Landlord,
subject to such reasonable rules and regulations as Landlord may from time to time impose, including the
designation of specific areas in which vehicles owned by Tenant, its concessionaires, officers, employees and agents
must be parked. If Landlord shall designate such parking areas, and if any vehicle of Tenant or permitted
concessionaire, officer, employee or agent or Tenant is parked in any other portion of the Center, Tenant shall pay to
Landlord upon demand the sum of Twenty Five Dollars ($25.00) for each such vehicle for each day, or part thereof,
such vehicle is so parked, and Tenant hereby authorizes Landlord to tow or cause any such vehicle to be towed from
the Center, and agrees to reimburse Landlord for the cost thereof upon demand, and to otherwise indemnify and hold
Landlord harmless with respect thereto. Tenant agrees after notice thereof to abide by such rules and regulations
and to use its best efforts to cause its permitted concessionaires, officers, employees, agents, customers and invitees
to conform thereto. Tenant shall, upon request, furnish to Landlord the license numbers of the vehicles operated by
Tenant and its concessionaires, officers, employees and agent. Landlord may at any time close temporarily any
Common Area to make repairs or changes, to prevent the acquisition of public rights in such areas and to discourage
non-customer parking, and Landlord shall not be subject to liability therefor nor shall any such action be deemed an
actual or constructive eviction of Tenant. Landlord may do such other acts in and to the Common Area as in its
judgment may be desirable to improve the convenience thereof. Tenant shall not at any time interfere with the rights
of Landlord and other tenants, its and their concessionaires, officers, employees, agents customers, and invitees, to
use any part of the parking areas and other Common Area. Neither Tenant not Tenant’s employees, concessionaires,
officers, or agents may solicit business in the parking or other Common Area or distribute any handbills or other
advertising matter in such areas or place any handbills or advertising matter in or on any vehicles parking therein
without Landlord’s prior written consent.
Landlord reserves the right to grant to third persons the non-exclusive right to cross over and use in common
with Landlord and all tenants of the Property the Common Area. Tenant shall not conduct any business activities in
the Common Areas.
Landlord hereby reserves the right at any time to make alterations or additions to (and to build additional stories
on) the building(s) in which the Premises are contained, and to build adjoining same. Landlord also reserves the
right to construct other buildings and improvements on the Property from time to time and to make alterations
thereof or additions thereto and to build additional stories on any such other building(s), and to build adjoining
same. Landlord further reserves the exclusive right to the roof of the building(s) in which the Premises are
contained, except as specifically provided otherwise in this Lease.
The purpose of any site plan is to show the approximate location of the Premises. Landlord reserves the right at
any time to relocate, vary and adjust the size of the various buildings and premises occupied by other tenants,
automobile parking areas, and other common facilities shown on any site plan; provided, however, that said parking
area shall at all times provide for not less than the minimum number of parking spaces required by then applicable
governmental requirements. Whenever there is any significant change in the location of the buildings or common
facilities, Landlord shall revise any site plan attached hereto accordingly, and in such event, Landlord and Tenant
shall execute a Lease Modification Agreement for the purpose of superseding the site plan attached hereto with a
revised site plan upon Landlord’s request.
INITIAL HERE

5
Landlord shall have the right at any time and from time to time to change the size, location, elevation or nature
of the Common Areas and parking, including, without limitation, the right to locate thereon kiosks, structures or
other buildings or to close portions thereof. Tenant agrees that should Landlord request, it shall cause its employees,
agents and concessionaires to park on areas designated by Landlord for Tenant. The parties agree that Tenant shall
have non-exclusive access in common with Landlord and all other tenants to the parking areas, driveways, walks
and service areas appurtenant to the Premises. Landlord reserves the right to reserve at its discretion, parking spaces
for designated tenants. Tenant shall not mark or post any parking space for Tenant’s exclusive use. Nothing
contained herein shall be deemed to impose liability upon Landlord, and Tenant agrees that Landlord shall have no
liability or responsibility for any personal injury or theft, damage to any motor vehicle, or loss of property from
within any motor vehicle, which is suffered by Tenant or any of its customers, invitees, licensees, suppliers,
employees, officers or agents in connection with their use of any of the Common Areas.
No easement for or right to light, air, view (from the Premises or otherwise) or visibility (of the Premises or any
portion of the Property) is included in the leasing of the Premises to Tenant. Accordingly, any diminution or shutting
off of light, air, view, or visibility by any structure which may be erected on the Property on lands in the vicinity of
the Property (regardless of whether such structure is within the confines of the Property) shall in no way affect this
Lease or impose any liability on Landlord.

10.6 Common Area


Charges For purposes of this Lease, the term “Common Area Charges” means and shall include the total cost and
expense incurred in operating, maintaining and replacing the Common Areas of the Property, specifically including,
without limitation the cost of: planting, maintaining, replanting and replacing flowers and other landscaping as well
as mowing of grass and the cost of maintaining water sprinkler systems and related water charges for the landscaped
and grass areas; premiums for public liability insurance for bodily injury and property damage, as well as fire,
hazard, sign and other property related insurance; replacing, repairing and maintaining outdoor and indoor paving
for vehicular and pedestrian use including resealing and restriping; sanitary and pest control; removal of snow and
ice (if any); removal of trash, rubbish, garbage and other refuse; maintaining lighting fixtures, including the cost of
light bulbs and electric current; salaries and related costs of on-site personnel; roof repairs; sound systems; cost of
operating, maintaining, repairing and replacing truck service ways, tunnels, loading docks, retaining walls,
pedestrian malls (open or enclosed), courts, plazas, stairs, ramps, sidewalks, washrooms and other elements of the
common area; maintaining and repairing common storm water detention ponds and structures whether on-site or off-
site including water quality control structures as required from time to time; illumination and maintenance of signs
(not individual tenant signs); equipment and depreciation, parcel pickup stations; service contracts with independent
contractors, advertising and promotions; reasonable reserves for replacements and repairs; bookkeeping; and the
cost of personnel to implement, supervise or administrate such services, to direct traffic and parking and to provide
security and police services, if provided, for the Property; and all utilities or costs for services consumed in, on or
about the Property which is not separately metered or otherwise allocated to tenants. Included in the Common Area
Charges shall be a fee to the Landlord for management and other administrative services equal to five percent (5%)
of the total annual base rent and additional rent collected in or on the Property.

10.7 Trash Container


Storage of
Goods Tenant agrees that, except for a standard trash container approved by Landlord and any governmental body
having jurisdiction, to be placed at such place on or about the Property as Landlord may designate or approve, there
will be no outside stacking, storing, placing of trash, goods, materials or equipment. Tenant agrees to pay to
Landlord upon demand any charge, fee, assessment or tax, including sanitary taxes incurred in connection with the
disposal of trash on, from or about the Premises. All storage by the Tenant shall be entirely confined to and within
the Premises. No portion of the Common Areas, as herein defined, shall be used for storage of anything including
without limitation any refuse, materials, supplies or vehicles.

10.8 Maintenance Repairs,


Alterations and
Improvements
Repairs by Landlord. Within a reasonable period after receipt of written notice from Tenant of the need
therefore, Landlord shall make necessary structural repairs to the exterior walls (excluding the exterior of and the
frames surrounding all windows, doors, exterior glass, store fronts and signs) of the Premises; necessary repairs to
the roof, foundations and load-bearing walls of the Premises; necessary repairs to plumbing, pipes, and conduits
located outside the Premises or in the Common Areas, and necessary repairs to sidewalks, parking areas and curbs.
The costs of maintenance and repair to the common area, roof and exterior walls shall be a cost of the Common
Area Charge. Landlord shall not be required to make any repairs where such repairs are made necessary by any act
or omission or negligence of Tenant, any subtenant or concessionaire of Tenant, or their respective employees,
INITIAL HERE

6
agents, invitees, licensees, visitors or contractors, or by fire or other casualty or condemnation (except as expressly
set forth herein). Tenant agrees to notify Landlord promptly of any defective condition known to Tenant which
Landlord is required to repair, and failure to report such defects shall make Tenant responsible to Landlord for any
liability, cost or expense incurred by Landlord by reason of such defects. Landlord shall be under no duty to inspect
the Premises.
Repairs by Tenant. Tenant agrees that throughout the Term of this Lease and any extensions or renewals of
the same, at Tenant’s sole cost and expense, to keep and maintain the Premises and all fixtures and equipment
therein, including, but not limited to, all plumbing, heating, air conditioning, electrical, gas, water, sewerage and like
fixtures and equipment, and also the Premises front, rear and sides as may be applicable, window, exterior and
interior glass, loading docks, exterior steps, doors, interior ceilings, walls and doors, and all signs of Tenant
(including, without limitation any reserved parking signage) erected on the outside of the Premises in good repair,
order and condition, making all repairs and replacements thereto as may be required, all repairs and replacements to
be of the same or better quality, design and class as the original work. Tenant shall be responsible for the
installation of any necessary additional air-conditioning capacity required to offset heat generated by any of
Tenant’s equipment, appliances or any device of Tenant’s which generates heat. Without limiting the generality of
the foregoing, Tenant shall be responsible for the maintenance, repair and replacement of all portions of the
Premises for the repair, maintenance and replacement of which Landlord is not responsible under the previous
Paragraph, Repairs by Landlord, of this Paragraph 10.8. Tenant shall not repair, replace, maintain or alter any
structural or exterior portions of the Premises or Property (excluding exterior windows and the frames thereof, store
fronts and signs) without Landlord’s prior written consent. Tenant shall be fully responsible and liable for the
maintenance and lighting of all its exterior signs, and shall periodically repaint metal surfaces that rust or begin to
deteriorate from any causes. Any damage to the exterior walls to which a sign may be attached, including but not
limited to rust stains and structural cracking of the fascia, caused by Tenant’s use of such sign, shall be repaired by
Tenant at its own cost. Tenant shall make such other necessary repairs in and to the Premises not specified in
Section 10.8 hereof as the responsibility of Landlord, and shall obtain, at Tenant’s sole cost, a maintenance
agreement, subject to Landlord’s approval, with a reputable HVAC contractor for the servicing of the HVAC system
throughout the Term of this Lease and all renewals thereafter. The agreement shall provide that the HVAC system
shall be serviced at least four (4) times each year by the service provider. Landlord shall be provided with a copy of
said agreement. In addition to the foregoing, Tenant shall install, repair, replace and maintain fire extinguisher and
other fire prevention equipment, including, but not limited to, a fire sprinkling system, in the Premises, in
accordance with the recommendations or requirements of Landlord’s fire engineer or Landlord’s fire insurance
carrier or in accordance with any future recommendations of Landlord’s fire insurance carrier or fire engineer, and
in accordance with applicable governmental codes.
All garbage and refuse shall be kept in the kind of container specified by Landlord or duly constituted public
authority, and shall be placed outside of the Premises prepared for collection in the manner and at the times and
places specified by Landlord. If Landlord shall provide or designate a service for picking up refuse and garbage,
Tenant shall use same at Tenant’s cost. Tenant shall pay the cost of removal of any Tenant’s refuse or rubbish and
maintain all common loading areas and areas adjacent to garbage receptacles in a clean manner satisfactory to the
Landlord. Should Tenant fail to keep the area around his garbage receptacle in a clean manner as specified by
Landlord, Landlord or its agents or subcontractors may clean such area and bill Tenant for the cost of cleaning plus
twenty percent (20%) overhead, to be paid upon presentation of the bill.
If Tenant refuses or neglects to properly repair and/or maintain the Premises as required herein and to the
reasonable satisfaction of Landlord as soon as reasonably possible after written demand, Landlord may, but shall not
be obligated to, make such repairs and/or maintenance, without liability for any loss or damage that may accrue to
Tenant’s merchandise, fixtures, or other property or to Tenant’s business by reason thereof, and upon completion
thereof, Tenant shall pay Landlord’s costs for making \such repairs plus twenty percent (20%) for overhead, upon
presentation of the bill. Such bill shall include interest at the highest permissible non-usurious rate or, if there if
none, then at fifteen percent (15%) per annum on the cost from the date of completion of repairs until the date
payment is received by Landlord.
Tenant agrees to surrender the Premises to Landlord at the termination of this Lease in as good condition as
upon commencement of the Lease, normal wear and tear excepted. Tenant agrees not to make any additions,
alterations or improvements in or to the Premises without Landlord’s prior written consent. All additions, alterations
and improvements made in or to the Premises by Tenant shall be conducted in accordance with Exhibit “D” attached
hereto and incorporated herein by this reference. All additions, alterations and improvements made in or to the
Premises by either Landlord or Tenant shall become the property of Landlord and be surrendered with the Premises
at the termination of this Lease, except that Landlord, at its option, may require Tenant to remove any
improvements, alterations, or additions made by Tenant and to repair any damage to the Premises caused by such
removal. If Tenant fails or refuses to do so, Landlord may effect such removal and charge Tenant with the expense
thereof and the expense of repairing any damage to the Premises caused by such removal as additional rent. Nothing
herein contained shall be construed as a consent on the part of Landlord to subject the property of Landlord to any
INITIAL HERE

7
lien or any liability in connection therewith, it being expressly understood and agreed that Landlord’s property shall
not be subject to such liability. Any mechanic’s lien filed against the Premises or the Property for work claimed to
have been done for, or materials claimed to have been furnished to Tenant, shall be discharged by Tenant within ten
(10) days thereafter at Tenant’s expense by payment, bond or other manner authorized or required by law. Landlord
shall have the option and right, if Tenant fails to so discharge any such lien, to discharge it without prior inquiry as
to its validity and to collect any amounts so paid from Tenant as additional rent.

10.9 No Representations
Tenant acknowledges, agrees, represents, and warrants that, except as expressly set forth herein, neither
Landlord nor Agent have made any representation, promise, inducement, statement of present fact or condition, or
future expectation material to Tenant’s decision to enter into this Lease or upon which Tenant has relied concerning
or in any way related to any of the following subject matters:

1) Present or future signs, signage or advertisement rights of Tenant or the cost thereof;
2) Activities, service or merchandise allowed or disallowed by or to the other tenants of Landlord on the Property.
3) Parking availability rights, exclusive or otherwise, and amount or adequacy of parking.
4) Common Area Charges and the computation thereof.
5) Method of selection of service vendors and contractors.
6) Advertising, promotion or public relations of the Property by Landlord.
7) Delivery access.
8) Potential business volumes, customer counts, or business profits.
9) Air, light and noise conditions.
10) Any changes to the Property whatsoever, or any repair, renovation or improvement to the Premises or the
Property.
11) The presence or absence of any specific tenant or changes in vacancy rates which may or may not affect
Tenant's business.
12) The accuracy of any site plan, survey or measurement.
13) Suitability of the Premises or the Property for Tenant's intended use.
14) The availability or cost of Business Licenses or Use Permits.
15) Certificates of Occupancy.
16) Repairs or alterations to the Premises or the Property.
17) Any form of exclusive right in favor of Tenant granting Tenant the sole and only right to sell, represent, lease or
deal in a product or service or to pursue a particular type or form of business.
18) Tenant mix or future tenants that might or might not lease and occupy premises on the Property.
19) Any type of option, right of first refusal right of notice, or any other right of any type to any premises on the
Property not within the Premises leased hereunder.
20) Any type of option, right of first refusal, right to renew, extend or hold over concerning or in any way related to
the Premises leased hereunder.
21) Any form of right in favor of Tenant granting Tenant any right to sell a product or service or to pursue a
particular type or form of business which is not specifically described in Paragraph 5 "Use of Premises."

10.10. Pest Control Tenant shall keep the Premises free of all insects, pests, and rodents and otherwise in a clean, safe and sanitary
condition. Landlord is responsible for the control of termites and other wood-destroying insects and organisms and
any damage caused thereby. Tenant agrees to notify Landlord promptly of the actual or suspected presence of any
such termites, insects or organisms on, about or in the Premises or Property or their damage, and Tenant’s failure to
notify Landlord shall make Tenant responsible to Landlord for any liability, cost or expense incurred by Landlord by
reason of such termites, insects or organisms. Landlord shall be under no duty to inspect the Premises.

11. Signs, Awnings


and Canopies Landlord may erect and maintain such suitable signs as it in its sole discretion may deem appropriate on the
building in which the Premises are located or in the Common Areas. Tenant may erect and maintain only such signs
as Landlord may approve in writing, which approval may be withheld for any reason. Without limiting the
generality of the foregoing Tenant shall not place or permit to be placed or maintained on any door, exterior wall, or
window of the Premises any sign, awning, or canopy or advertising matter or other thing of any kind, and shall not
place or maintain any decoration, lettering, or advertising matter on the glass of any window or door of the Premises
nor place any structure, sign, obstruction or advertising device upon the Common Areas without first obtaining
Landlord’s written consent. Tenant shall keep insured and maintain Tenant’s sign(s), awnings, canopies,
decorations, lettering or other advertising matter in good condition, repair and operating order at all times. If any
damage is done to Tenant’s sign(s), Tenant shall commence to repair same within ten (10) days or Landlord may at
its option repair same at Tenant’s expense. All signs of Tenant shall at all times be maintained in good taste to
INITIAL HERE

8
conform to the standards of design, motif, and decor from time to time established by Landlord for the Premises. If
Tenant shall do any of the foregoing acts in contravention of this provision, then, in addition to and not in limitation
of the Landlord’s rights and remedies as otherwise provided herein, Landlord shall have the right to remove such
sign, awning, canopy, advertising matter or device, decoration, lettering, structure, sign obstruction, or other thing
and restore the Premises and/or the Common Areas to the condition thereof prior to such act, with all costs,
incidental and otherwise, of such removal and restoration to be paid by Tenant to Landlord as additional rent.
Tenant shall submit to Landlord detailed drawings and specifications of its signs for review and approval by
Landlord prior to erection. Tenant’s sign once approved by Landlord shall be at Tenant’s sole cost and expense. All
signs must adhere to the following sign criteria:
a) Signs shall contain only the store name. There shall be no listing of merchandise or service, and no slogans;
b) The maximum letter height contained in any sign shall not exceed twenty percent (20%) of storefront height.
No sign shall exceed in width seventy-five percent (75%) of the storefront width;
c) Signs shall be installed within the area leased to tenants and shall not project beyond the property line of space
leased to tenants;
d) There shall be only one sign for each storefront, provided that any tenant having store frontage on more than
one façade may install one sign for each elevation;
e) Signs must be illuminated. The illumination must be internal. Internal illumination by individual metal channel
letters with neon tubing in translucent Plexiglas face, or opaque sign panel with letter cut out, backed up with
translucent Plexiglas and illuminated with neon or fluorescent tubing from behind;
f) The following will not be permitted in any signs; (i) Exposed neon tubing; (ii) animated components; (iii)
Intermittent illumination; (iv) Iridescent painted sign; (v) Luminous sign panel; (vi) Back lighting (inverted
metal channel letters containing exposed neon tubing); (vii) Exterior signs mounted on exterior walls or
rooftops except for identification signs within Tenant façade on main entrances of shops.

12. Insurance Tenant agrees that during the Term of this Lease, Tenant shall maintain at its own expense public liability
insurance coverage on the Premises and areas subject to Tenant’s maintenance in amounts not less than $1,000,000
per incident for bodily injury, death and property damage. Said insurance coverage shall name Landlord as an
additional insured. Upon demand by Landlord, Tenant shall provide or cause to be provided to Landlord certificates
of insurance showing a current and effective policy meeting the above specifications. The policy or policies
obtained by Tenant shall be in such form with such deductible amounts and with such insurance companies as shall
be reasonably satisfactory to Landlord with provision for at least thirty (30) days prior notice to Landlord of any
modification, cancellation or non-renewal. At least thirty (30) days before the expiration of any such policy, Tenant
shall supply Landlord with evidence of a renewal or substitute therefore together with evidence of payment of the
premiums thereof. If Tenant fails to pay premiums for such policy or policies when due, Landlord shall have the
right to make such payments and charge Tenant therefore as additional rental. Tenant agrees to obtain and maintain
worker’s compensation insurance in such amounts as may be required by applicable law.
Tenant shall, during the Term hereof, keep in full force and effect a policy or policies of insurance against
damage (by fire, theft, vandalism, malicious mischief, all risks normally insured against by extended coverage, and
if the building(s) containing the Premises is/are sprinklered, the added perils of sprinkler leakage and earthquake
sprinkler leakage) to Tenant’s stock in trade, furniture, personal property, fixtures and equipment on the Premises, as
well as any improvements or alterations to the Premises other than those installed by or for Landlord (at Landlord’s
expense) prior to the commencement of the Term of this Lease, with coverage in an amount equal to the actual
replacement value thereof.
If at any time, or from time to time, any boiler(s) and/or other hazardous machinery are located on the Premises,
Tenant shall procure and maintain in full force and effect during such period(s), insurance with coverage and limits
sufficient to cover all risks represented thereby. The policy limit for such insurance shall in no event be less than
$1,000,000 combined single limit per occurrence.
If Tenant causes or allows the conduct of any activity on the Premises creating unusual hazards, Tenant shall
immediately notify Landlord of such activity, and Tenant shall immediately procure, and shall maintain in full force
and effect for the duration of such activity, insurance with coverage and limits sufficient to cover all risks
represented thereby. The policy limit for such insurance shall in no event be less than $1,000,000 combined single
limit per occurrence. This requirement for unusual hazard insurance shall not constitute a waiver of Landlord’s
right, if Landlord would otherwise have that right, to demand the removal, cessation or abatement of such activity.
Tenant agrees that it will not keep, use, sell or offer for sale, in or upon the Premises, any article which may be
prohibited by the Landlord’s fire insurance policy then in effect covering the Premises.
If Tenant or any subtenant, licensee or concessionaire of Tenant does, or permits to be done, anything which
shall increase the cost of any insurance policies maintained by Landlord with respect to the Property, then Tenant
shall reimburse Landlord for any additional premiums attributable to any act or omission or operation of Tenant or
any subtenant, licensee or concessionaire of Tenant (including, without limitation, any special hazard premium
charges) causing such increase in the cost of insurance. Any amount owed by Tenant under this Paragraph 12 shall
INITIAL HERE

9
be payable as additional rent for the month immediately succeeding the month in which Tenant receives a bill
therefor from Landlord.
Landlord and Agent make no representation that the limits of liability required to be carried by Tenant under the
terms of this Lease are adequate to protect Tenant against Tenant’s indemnification obligations under this Lease, and
if Tenant believes that any such insurance coverage called for under this Lease is insufficient, Tenant shall provide,
at its own expense, such additional insurance as Tenant deems adequate. The limits of any insurance coverage
required under this Paragraph 12 shall not limit the liability of Tenant under this Lease.

13. Access to
Premises Landlord or its authorized representative shall have the right to enter upon the Premises without charge at
any reasonable time to inspect the same or to show same to prospective tenants, but Landlord shall have no
obligation to do so. Landlord may enter the Premises at any time in case of emergency.

14. Damage,
Destruction and
Condemnation In case the Premises shall be partially destroyed by fire or other casualty insured under any policy of
standard fire and extended coverage insurance carried by Landlord, but, in Landlord’s reasonable opinion, less than
ten percent (10%) thereof is rendered untenantable, the same shall be repaired as soon as reasonably possible at the
expense of Landlord to the extent insurance proceeds are available for such purpose. If the Premises shall be
destroyed or so damaged by fire or such other casualty as to render, in Landlord’s reasonable opinion, 10% or more
thereof untenantable, or if such destruction or damage is not compensated for by applicable insurance held by
Landlord, then Landlord may (i) if it so elects, rebuild or restore said Premises to good condition and fit for
occupancy within a reasonable time after such destruction or damage, or (ii) at its election, by notice in writing
delivered to Tenant within sixty (60) days after such destruction or damage, terminate this Lease. If Landlord elects
to rebuild or restore said Premises, it shall within said sixty (60) day period give Tenant notice of its intention to do
so and proceed with the rebuilding and restoration thereof as promptly as may be reasonable. Landlord’s obligation
to rebuild and repair under this Paragraph 14 shall, in any event, be limited to rebuilding and repairing to
substantially the same condition as existed prior to the casualty, the foundations, columns, structural frames, beams,
roof and concrete floor slab, the perimeter walls of the Premises, and interior walls, doors, ceilings, flooring, lighting
and, if necessary, electrical conduits and cold water to the Premises, but only if originally installed by Landlord.
Tenant agrees that, promptly after completion of such work by Landlord, it will proceed with reasonable diligence
and at its sole cost and expense to rebuild, repair, restore and replace its signs, fixtures, equipment and furnishings as
well as any heating, ventilating and air conditioning systems contained within or serving the Premises.
Tenant agrees during any period of reconstruction, restoration or repair of the Premises and/or of the
Property to continue the operation of its business in the Premises to the extent reasonably practicable. The Base
Rent set forth in Paragraph 3 shall be partially abated during any period in which by reason of any such damage or
destruction there is a substantial interference with the operation of the business of Tenant in the Premises, having
regard to the extent to which Tenant may be required to discontinue its business in the Premises. Such abatement
shall continue for the period commencing with such destruction or damage and ending with the completion by the
Landlord of such work, repair or reconstruction as Landlord is obligated to do. If, however, such damage or
destruction is caused by Tenant’s intentional, wanton or willful act or commission, or negligence on the part of
Tenant, then and in that event the Base Rent shall not abate.
If the whole of the Premises shall be taken under the power of eminent domain by any public or quasi-
public authority, or conveyance shall be made in lieu thereof, this Lease shall terminate as of the date of such taking
or conveyance, the Landlord and Tenant shall be released from any further liability hereunder, and the Rent shall be
prorated as of such date. If a portion of the Premises, or of the Property is taken, or conveyance is made in lieu
thereof, Landlord may at its option terminate this Lease upon thirty (30) days written notice to Tenant. If that portion
of the Premises so conveyed shall be equal to twenty-five (25%) percent or greater of the total area of the Premises,
Tenant may at its option terminate this Lease within thirty (30) days by written notice to Landlord. If both Landlord
and Tenant elect not to terminate this Lease within said 30 days and if a portion of the Premises has been taken or
conveyed, then Rental shall abate therefor according to the percentage of the Premises taken or conveyed. In no
event shall Tenant be entitled to any portion of any award made for such taking or any consideration for such
conveyance in lieu of such taking, except to the extent such award or consideration is specifically allocated to any
losses caused to Tenant’s business by such taking or conveyance. Notwithstanding any other provision hereof to the
contrary, in no event shall Landlord have any obligation to expend more money restoring or rebuilding the Property
than was received by Landlord (from insurance proceeds or the relevant governmental authority) as compensation
for the event causing the need to rebuild or restore.

15. Default by
INITIAL HERE

10
Tenant (a) The following events shall constitute an “Event of Default” hereunder: 1) Tenant fails to pay any Rental
when due; or 2) Tenant defaults in, breaches or in any way fails to perform any of the covenants, terms, conditions,
provisions or agreements of this Lease on the part of the Tenant to be kept, observed or performed and such default
is not remedied within ten (10) days after notice from Landlord; or 3) there is filed by or against Tenant or any
successor to Tenant then in possession a petition (i) in bankruptcy, (ii) alleging insolvency, (iii) for reorganization,
(iv) for appointment of a receiver, (v) for an arrangement under state or federal bankruptcy law, (vi) for levy or
attachment of Tenant’s personal property, (vii) for debtor relief, or (viii) for a similar type proceeding, and such
petition is not dismissed within thirty (30) days after notice from Landlord; or 4) Tenant shall fail to vacate the
Premises immediately upon termination of this Lease, by lapse of time or otherwise, or upon termination of Tenant’s
right to possession only; or 5) Tenant shall abandon or vacate any substantial portion of the Premises; or 6) Tenant
shall assign, sublet or transfer its interest hereunder in violation of this Lease; or 7) Tenant does, or permits to be
done, any act which creates a mechanic’s lien or claim therefor against the Premises or the Property; or 8) Tenant
falsifies any monetary report to Landlord; or 9) Tenant shall fail to occupy the Premises on the Lease
Commencement Date as fixed herein, or anytime thereafter, or shall fail to remain open for business throughout the
Term of this Lease, as herein before provided.
(b) Upon the occurrence of any one or more of the aforesaid Events of Default, or upon the occurrence of any
other default or defaults by Tenant under this Lease, Landlord may, at Landlord’s option, without any demand or
notice whatsoever (except as expressly required in this Paragraph), do any one, or, to the extent consistent with one
another, more than one of the following:
(i) Terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and
terminate on the date specified in such notice of termination with the same force and effect as thought the date so
specified were the date herein originally fixed as the termination date of the Term of this Lease, and all rights of
Tenant under this Lease shall expire and terminate and Tenant shall remain liable for all obligations under this Lease
arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified
in such notice, and if Tenant fails to so surrender, Landlord shall have the right, without notice, to enter upon and
take possession of the Premises and to expel or remove Tenant and its effects without being liable for prosecution or
any claim for damages therefore; or
(ii) Terminate this Lease as provided in Subparagraph 15(b)(i) hereof and recover from Tenant all
damages Landlord may incur by reason of Tenant’s default, including, without limitation, a sum which, at the date
of such termination, represents the then value of the excess, if any, of (1) the total Rent, and all other sums which
would have been payable hereunder by Tenant for the period commencing with the day following the date of such
termination and ending with the last day of the Term hereof, over (2) the aggregate reasonable rental value of the
Premises for the same period, plus (3) the costs of recovering the Premises and all other expenses incurred by
Landlord due to Tenant’s default, including, without limitation, reasonable attorneys’ fees plus (4) the unpaid Rent
earned as of the date of termination plus interest at the rate of eight percent (8%) per annum, plus other sums of
money and damages owing on the date of termination by Tenant to Landlord under this Lease or in connection with
the Premises, all of which excess sum shall be deemed immediately due and payable; or
(iii) Without terminating this Lease, declare immediately due and payable the present value [using a
discount rate of eight percent (8%) of all Rent, taxes, and other amounts due and coming due under this Lease for
the entire remaining Term hereof, together with the cost of recovering the Premises and all other expenses incurred
by Landlord in connection with Tenant’s default, plus the unpaid Rent owed as of the date of default, plus interest at
the rate of eight percent (8%) per annum, plus all other sums of money and damages owing by Tenant to Landlord
under this Lease or in connection with the Premises; provided, however, that such payments shall not be deemed a
penalty but shall merely constitute payment of liquidated damages, it being understood and acknowledged by
Landlord and Tenant that actual damages to Landlord are extremely difficult, if not impossible, to ascertain. Upon
making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other
assignees, tenants, and subtenants on account of said Premises during the Term of this Lease, provided that the
monies to which Tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant
to Landlord pursuant to the preceding sentence less all costs, expenses and attorneys’ fees of Landlord incurred in
connection with the reletting of the Premises; or
(iv) Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name
but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at
Landlord’s option, remove persons and property therefrom and such property, if any, may be removed and stored in
a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or
becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or
any portion thereof as the agent and Tenant with or without advertisement, and by private negotiations and for any
term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises.
Landlord shall in no way be responsible or liable for any failure to rent the Premises or any part thereof, or for any
failure to collect any rent due upon such reletting. Upon each such reletting, all rentals received by Landlord from
such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from
INITIAL HERE

11
Tenant to Landlord, including, without limitation, amounts due under Subparagraph 15(b)(iii) hereof; second, to the
payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorneys’
fees and costs of alterations and repairs; third, to the payment of rent and other charges then due by Landlord to the
extent of and for application in payment of future rent, if any becomes owing, as the same may become due and
payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not
be credited therefore. If such rentals received from such reletting shall at any time or from time to time be less than
sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay such deficiency to
Landlord. Such deficiency shall, at Landlord’s option, be calculated and paid monthly. Notwithstanding any such
reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous
default provided same has not been cured; or
(v) Without terminating this Lease, and with or without notice to Tenant, Landlord may enter into and
upon the Premises and without being liable for prosecution or any claim for damages therefor, maintain the Premises
and repair or replace any damage thereto or do anything for which Tenant is responsible hereunder. Tenant shall
reimburse Landlord immediately upon demand for any expenses which Landlord incurs in thus effecting Tenant’s
compliance under this Lease, and Landlord shall not be liable to Tenant for any damages with respect thereto; or
(vi) Without liability to Tenant or any other party and without constituting a constructive or actual eviction,
suspend or discontinue furnishing or rendering to Tenant any property, material, labor, utilities or other service,
wherever Landlord is obligated to furnish or render the same so long as Tenant is in default under this Lease; or
(vii) Allow the Premises to remain unoccupied and collect Rent from Tenant as it comes due; or
(viii)Foreclose any lien Landlord may have in any of Tenant’s property, including the immediate taking of
possession of all property on or in the Premises; or
(ix) Pursue such other remedies as are available at law or in equity.
(c) If this Lease shall terminate as a result of or while there exists a default hereunder, any funds of Tenant
held by Landlord may be applied by Landlord to any damages payable by Tenant (whether provided for herein or by
law) as a result of such termination or default.
(d) The parties hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the
parties herein against the other on any matters whatsoever, arising out of or in any way connected with this Lease,
Tenant’s use or occupancy of the Premises, or any claim of injury or damage hereunder, and Tenant covenants and
agrees that Tenant will not interpose any counterclaim, offset, or deduction in any summary proceeding brought by
Landlord to recover possession of the Premises.
(e) Neither the commencement of any action or proceeding, nor the settlement thereof, nor entry of judgment
thereon shall bar Landlord from bringing subsequent actions or proceedings from time to time, nor shall the failure
to include in any action or proceeding any sum or sums then due be a bar to the maintenance of any subsequent
actions or proceedings for the recovery of such sum or sums so omitted.
(f) The foregoing provisions of this Paragraph 15 shall apply to any renewal or extension of this Lease.
(g) If any statute or rule of law shall limit any of Landlord’s remedies as hereinabove set forth, Landlord shall
nonetheless be entitled to any and all other remedies hereinabove set forth.
(h) Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in
this Lease or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any
remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of
any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants
contained in this Lease.
(i) No act or thing done by Landlord or its agents during the Term shall be deemed a termination of this Lease
or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or accept a surrender of
said Premises shall be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or
breach of any of the terms, provisions and covenants contained in this Lease shall be deemed or construed to
constitute a waiver of any other violation or breach of any of the terms, provisions and covenants contained in this
Lease. Landlord’s acceptance of the payment of rental or other payments after the occurrence of an Event of
Default shall not be construed as a waiver of such Default, unless Landlord so notifies Tenant in writing.
Forbearance by Landlord in enforcing one or more of the remedies provided in this Lease upon an Event of Default
shall not be deemed or construed to constitute a waiver of such Default or of Landlord’s right to enforce any such
remedies with respect to such Default or any subsequent Default.
(j) To secure the payment of all rentals and other sums of money becoming due from Tenant under this Lease,
Landlord shall have and Tenant grants to Landlord a first lien upon the leasehold interest of Tenant under this Lease,
which lien may be enforced in equity, and a continuing security interest upon all goods, wares, equipment, fixtures,
furniture, inventory, accounts, contract rights, chattel paper and other personal property of Tenant situated on the
Premises, and such property shall not be removed therefrom without the consent of Landlord until all arrearages in
rent as well as any and all other sums of money then due to Landlord under this Lease shall first have been paid and
discharged. In the event of a default under this Lease, Landlord shall have, in addition to any other remedies
provided in this Lease or by law, all rights and remedies under the Uniform Commercial Code, including without
INITIAL HERE

12
limitation the right to sell the said property at public or private sale upon five (5) days’ notice to Tenant. Tenant
shall execute all such financing statements and other instruments as shall be deemed necessary or desirable in
Landlord’s discretion to perfect the security interest hereby created. The foregoing liens and security interests shall
be in addition to Landlord’s lien now or that may hereafter be provided by law.
(k) Any and all property which may be removed from the Premises by Landlord pursuant to the authority of
this Lease or of law, to which Tenant is or may be entitled, may be handled, removed, disposed of and/or stored, as
the case may be, by or at the direction of Landlord but at the risk, cost and expense of Tenant, and Landlord shall in
no event be responsible for the value, preservation or safekeeping thereof. Any such property of Tenant shall, at
Landlord’s option, be deemed conveyed by Tenant to Landlord under this Lease as by a bill of sale without further
payment or credit by Landlord to Tenant.
(l) In the event that it is necessary to bring suit to enforce or seek a declaration under the terms of the Lease,
the parties hereto agree that any court of competent jurisdiction situated in Clayton County, Georgia shall have
venue of such action. This agreement shall be deemed to have been made in Clayton County, Georgia. Tenant
hereby designates Keith Muhammad as agent for the purpose of accepting service of any process. Tenant agrees
that said agent may notify Tenant of service of process by mailing a certified copy of said process to the Tenant at
the Tenant’s address as specified in this Lease.

16. Default by
Landlord In the event of Landlord’s default in any of Landlord’s obligations hereunder, Tenant must give the Landlord
notice thereof as provided herein and must also allow Landlord thirty (30) days after receipt of said notice within
which to cure such default or to commence curing such default prior to taking any action whatsoever in connection
with said default. Such time to cure shall be extended by one (1) business day for each business day of delay in
curing such default caused by any Force Majeure Delay (defined below). If the Landlord defaults under this Lease,
Tenant shall, before taking any action in response thereto, notify any holder (“Mortgagee”) of a deed to secure debt,
mortgage or other real property security instrument (“Mortgage”) who has requested Tenant so to do and given
Tenant its mailing address, and allowing the Mortgagee sixty (60) days (plus any additional time that may be
reasonably necessary) within which to cure the default. The time given to Mortgagee to cure Landlord’s default shall
not run concurrently with any time granted to Landlord to cure such default, but shall run from the later of
Mortgagee’s receipt of notice from Tenant of Landlord’s default or the expiration of the time period, if any, given to
Landlord to cure such default. The Mortgagee may, but shall not be obligated to, cure such default, and Tenant shall
accept any such cure by Mortgagee. The term “Force Majeure Delay” shall mean any actual delay in the
performance of Landlord’s obligations hereunder which is attributable to any strike, lockout or other labor or
industrial disturbance (whether or not on the part of the employees or either party hereto), civil disturbance, court
order, future order claiming jurisdiction, act of a public enemy, war, riot, sabotage, blockade, embargo, inability to
secure customary materials or labor through ordinary sources by reason of regulation or order of any government or
regulatory body, or to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout, explosion, or any other
cause whatsoever beyond the reasonable control of Landlord, or any of its contractors or other representatives. Any
prevention, delay, or stoppage due to any Force Majeure Delay shall excuse the performance of Landlord for a
period of time equal to any such prevention, delay or stoppage.

17. Removal
of Trade
Fixtures and
Equipment At the termination of this Lease, Tenant shall remove (if not in default hereunder) all of its trade fixtures,
equipment and other unattached items which Tenant may have installed or stored in the Premises. Tenant shall
repair any damage to the Premises caused by its removal of such items. The failure of Tenant to remove such items
at the end of this Lease shall be deemed an abandonment thereof at the option of Landlord. If Tenant fails to so
remove such items as herein provided, or fails to repair any damage caused to the Premises or the Property by such
removal, then Landlord may do so and charge Tenant with the cost and expense thereof as additional rent. Tenant
shall not remove any plumbing or electrical fixtures or equipment, any central heating, ventilating or air-
conditioning equipment, floor coverings, walls or ceilings, or any other property which may and shall be deemed to
constitute a part of the Premises or Property, nor shall Tenant remove any trade fixtures, equipment, or machinery
that have been furnished or paid for by Landlord (whether initially installed or replaced).
Notwithstanding the preceding paragraph, if Tenant is in default under the terms of this Lease, Landlord in
addition to any other remedy provided at law, in equity, by this Lease, or otherwise shall have the Option to require
that Tenant not remove trade fixtures and movables which Tenant would otherwise, but for Tenant’s default, be
entitled or obligated to remove and to subject said trade fixtures and movables to Landlord’s lien as provided by
applicable law. If Landlord elects not to exercise this option, Tenant’s rights and duties shall be as set forth in the
preceding paragraph.

INITIAL HERE

13
18. Rules and
Regulations The Rules and Regulations appended as Appendix I to this Lease are hereby made a part of this Lease, and
Tenant agrees to comply with and observe the same. Tenant’s failure to keep and observe said Rules and
Regulations shall constitute a breach of the terms of this Lease in the same manner as if the same were contained
herein as covenants Landlord reserves the right from time to time to amend or supplement said Rules and
Regulations and to adopt and promulgate additional Rules and Regulations applicable to the Premises or Property.
Notice of such additional Rules and Regulations, and amendments and supplements, if any, shall be given to Tenant,
and Tenant agrees thereupon to comply with and observe all such Rules and Regulations, and amendments thereto.

19. Security Tenant shall be responsible for the security of Tenant’s Premises against crime, and security for Tenant’s
employees, customers, clients, guests or invitees whether they are within the Premises or not.

20. Rights of
Redemption and
Homestead Tenant hereby waives any and all rights of redemption conferred by statute or otherwise. Tenant waives all
homestead rights and exemptions which it may have under any law as against any obligation owing under this Lease
and hereby assigns any homestead or exemption rights to Landlord.

21. Personal
Property at
Tenant’s Risk All personal property of Tenant including, but not limited to, trade fixtures placed or located in, on or about the
Premises or the Property shall be so placed or located at Tenant’s sole risk. Tenant agrees to maintain, at Tenant’s
sole expense, fire and casualty insurance coverage, as described above, in a fully adequate amount on the personal
property placed in, on or about the Premises or the Property. Under no circumstances whatsoever shall Landlord be
responsible for any damages to Tenant ‘s personal property including, but not limited to trade fixtures, equipment,
supplies, inventory, furniture or any other property located in or on the Premises or Property.

22. Surrender of
Premises and
Holding Over Upon the expiration or earlier termination of this Lease, or upon any re-entry of the Premises by Landlord
without terminating this Lease, Tenant, at Tenant’s expense, shall peacefully vacate and surrender the Premises to
Landlord in good order, broom clean and in the same condition as at the beginning of the Term, reasonable wear and
tear excepted, and Tenant shall turn over all keys for the Premises and other buildings on the Property to Landlord.
Should Tenant continue to hold the Premises after the expiration or earlier termination of this Lease, such holding
over, unless otherwise agreed to by Landlord in writing, shall constitute and be construed as a tenancy at sufferance
at monthly installments of Rent equal to 200% of the monthly portion of Rent in effect as of the date of expiration or
earlier termination, and subject to all of the other terms, charges and expenses set forth herein except any right to
renew this Lease or to expand the Premises or any right to additional services. Tenant shall also be liable to
Landlord for all damage which Landlord suffers because of any holding over by Tenant, and Tenant shall indemnify
Landlord against all claims made by any other tenant or prospective tenant against Landlord resulting from delay by
Landlord in delivering possession of the Premises to such other tenant or prospective tenant. The provisions of this
Paragraph shall survive the expiration or earlier termination of this Lease.

23. Governmental
Orders Tenant agrees, at its own expense, to comply promptly and make the Premises comply with all codes, rules,
regulations, ordinances, laws and other requirements of any legally constituted public authority having jurisdiction
over the Premises or the Property. Tenant is responsible for obtaining Tenant’s business license and any special use
licenses together with all required permits applicable to Tenant, provided that Landlord is responsible for procuring
such Certificates of Occupancy as are required.

24. Assignment and


Subletting Tenant shall not, without the prior written consent of Landlord, assign this Lease or any interest hereunder, or
sublet the Premises or any part thereof, or permit the use of the Premises by any person other than Tenant. Any
purported assignment, sublease, or use without such written consent shall be null and void. Consent of Landlord
shall not be deemed a release of Tenant from any of Tenant’s obligations hereunder nor shall Landlord’s consent
hereunder to any one such assignment, sublease, or use be deemed consent to any other or later assignment, sublease
or use. Tenant shall not, by virtue of any assignment or sublease, be released from any of its duties, obligations or
covenants to Landlord or Agent. Landlord shall not be deemed to have waived any rights to require consent in
conformance with this Paragraph by failure to have required it as to any other or later assignment, sublease, or use.
Landlord reserves the right to require any assignee, therefore or user claiming under Tenant to be liable directly to
INITIAL HERE

14
Landlord for all obligations of Tenant hereunder. No such requirement by Landlord, however, shall be deemed a
release of Tenant, and Tenant shall remain liable to Landlord and Agent hereunder. In the event Tenant assigns this
Lease or sublets the Premises at a Rent in excess of the Rent provided for under this Lease (including, without
limitation, sums due as Additional Rent and Consumer Price Index adjustments), Landlord shall be entitled to
receive from Tenant, and Tenant agrees to pay to Landlord, without demand by Landlord and without prejudice to
any other rights which Landlord may have against Tenant, any and all sums in excess of the overall Rent provided
for under this Lease. By executing this Lease, Tenant hereby assigns all such excess rentals to Landlord.
Landlord’s consent to any assignment or subletting shall not be unreasonably withheld. In determining whether
to grant consent to the Tenant’s sublet or assignment request, the Landlord may consider any reasonable factor.
Landlord and Tenant agree that any one of the following factors, or any other reasonable factor, will be reasonable
grounds of deciding the Tenant’s request, and should Landlord withhold consent for the following factors, which list
is not exclusive, such withholding shall be deemed reasonable:
(a) financial strength of the proposed subtenant/assignee must be at least equal to that of the existing Tenant,
and financially adequate for the proposed use; (b) business reputation of the proposed subtenant/assignee must be in
accordance with generally acceptable commercial standards and not cause a diminution in the reputation of the
Property or other businesses located therein; (c) use of the Premises by the proposed subtenant/assignee must be
identical to the use permitted by this Lease; (d) percentage rents of the proposed subtenant/assignee, or the prospect
of percentage rents, must be at least equal to that of the existing Tenant; (e) managerial and operational skills of the
proposed subtenant/assignee must be the same as those of the existing Tenant; (f) use of the Premises by the
proposed subtenant/assignee will not violate or create any potential violation of any laws; (g) use of the Premises
will not violate any other agreement affecting the Premises, the Landlord or other tenants; (h) the use or user must
not have a negative impact on the Common Areas such as parking or the other tenants.
Tenant shall supply Landlord any and all information, documentation and evidence Landlord requests for
purposes of evaluating any potential sublease or assignment, and Landlord shall be deemed to have reasonably
withheld its consent to any sublease or assignment of this Lease if such refusal is based on Tenant’s failure to
promptly deliver any information, documentation or evidence requested by Landlord in connection with Landlord’s
evaluation.
Notwithstanding the foregoing, the following shall apply to any proposed assignment or sublease hereunder:
(i)Each and every covenant, condition, or obligation imposed upon Tenant by this Lease and each and
every right, remedy, or benefit afforded Landlord by this Lease shall not be impaired or diminished as a result of
such assignment or sublease; (ii) Tenant shall assign to Landlord any and all consideration paid directly or indirectly
for the assignment to Tenant by the assignee of Tenant’s leasehold interest or any and all sub-rentals payable by
subtenants which are in excess of the Rental provided herein; (iii) if Tenant is a corporation which is not deemed a
public corporation, or is an unincorporated association or partnership, the transfer, assignment or hypothecation of
any stock or interest in such corporation, association or partnership in the aggregate in excess of twenty-five percent
(25%) shall be deemed an assignment within this paragraph; (iv) Tenant shall reimburse Landlord as additional rent
for Landlord’s reasonable costs and attorneys’ fees incurred in conjunction with the processing and documentation
of any such requested assignment, subletting, transfer, change of ownership or hypothecation of this Lease; (v)
Landlord may condition the approval of any assignment or subletting as specified herein upon an increase in the
Base Rental payable by Tenant or Tenant’s successor in interest; (vi) No subletting or assignment, even with the
consent of Landlord, shall relieve Tenant of its obligation to pay the Rent and to perform all other obligations to be
performed by Tenant hereunder, and the acceptance of Rent by Landlord from any person other than Tenant shall
not be deemed to be a waiver by Landlord of any provision of this Lease or to be a consent to any assignment or
subletting; (vii) No permitted assignment or sublease shall be valid and no assignee of subtenant shall take
possession of the Premises assigned or sublet unless, within ten (10) days after the execution thereof, Tenant shall
deliver to Landlord a duly executed duplicate original of such assignment or sublease in form satisfactory to
Landlord which provides (a) that the assignee or subtenant assumes Tenant’s obligations for the payment of Rent
and for the full and faithful observance and performance of the covenants, terms and conditions contained herein,
and (b) that said assignee or subtenant will, at Landlord’s election, attorn directly to Landlord in the event Tenant’s
Lease is terminated for any reason.
It shall be a condition to any consent by Landlord to an assignment or sublease that Tenant shall pay to
Landlord a processing fee in the amount of Seven Hundred Fifty and No/100 Dollars ($750.00) as reimbursement to
Landlord for its review and preparation of assignment or sublease-related documents which may be incurred by
Landlord in connection therewith. Payment of such fee shall be submitted along with Tenant’s request for
Landlord’s consent. Any consent by Landlord to any assignment or sublease, or to the operation of a concessionaire
or licensee, shall not constitute a waiver or the necessity for such consent to any subsequent assignment or sublease,
or operation by a concessionaire or licensee.

25. Legal Expenses

INITIAL HERE

15
Tenant shall pay to Landlord all amounts for costs (including reasonable attorneys’ fees) incurred by Landlord
in connection with any breach or default by Tenant under this Lease or incurred in order to enforce or interpret the
terms or provisions of this Lease. Such amounts shall be payable upon demand, as additional rent. In addition, if
any action shall be instituted by any of the parties hereto for the enforcement or interpretation of any of its rights or
remedies in or under this Lease, the prevailing party shall be entitled to recover from the losing party all costs
incurred by the prevailing party in said action and any appeal therefrom, including reasonable attorneys’ fees. Said
costs and attorneys’ fees shall be included as part of the judgment in any such action. For purposes of this provision,
in any unlawful detainer or other action or proceeding instituted by Landlord based upon any default or alleged
default by Tenant hereunder, Landlord shall be deemed the prevailing party if (a) judgment is entered in favor of
Landlord or (b) prior to trial or judgment Tenant shall pay all or any portion of the Rent and charges claimed by
Landlord, eliminate the condition(s), cease the act(s) or otherwise cure the act(s) or omission(s) claimed by Landlord
to constitute a default by Tenant hereunder. Further, should Landlord be made a party to any litigation between
Tenant and any third party, then Tenant shall, upon demand and as additional rent, reimburse Landlord for all costs
and attorneys’ fees incurred by or imposed upon Landlord in connection with such litigation.

26. Subordination
and Attornment Tenant agrees that this Lease shall be subject and subordinate to any security deeds, mortgages, deeds of
trust or ground leases and Attornment now affecting the Property and to all advances already made or which may
hereafter be made on account of said security deeds, mortgages, deeds of trust or ground leases to the full extent of
all debts and charges secured thereby and to any renewals or extensions of all or any part thereof and to any security
deeds, mortgages, deeds of trust or ground leases which any owner of the Property may hereafter, at any time, elect
to place thereon. Tenant’s aforedescribed subordination shall be and is automatic and self-operative, and no other
document or act by Tenant is or shall be required to effect said subordination; nonetheless, Tenant agrees upon
request to hereafter execute any paper or papers which the counsel for Landlord may deem necessary to accomplish
or verify that end and, in default of Tenant so doing, Landlord is hereby empowered to execute such paper or papers
in the name of Tenant as Attorney-in-fact, and as the act and deed of Tenant, and this authority is hereby declared to
be a power of attorney coupled with an interest and not revocable. Landlord shall not be liable to Tenant for breach
of covenant of quiet enjoyment by reason of the foreclosure and/or sale of the Premises under any security deed,
mortgage, deed of trust or ground lease now or hereafter affecting the Property or Premises. Tenant agrees to attorn
to the holder of any security deed, mortgage, deed of trust or ground lease, or the transferee of either, upon any such
occurrence.
Tenant shall, within three (3) days after any written request from Landlord, execute, acknowledge and deliver
to Landlord any of the papers, certificates, or statements requested under this Paragraph.
Tenant shall fully indemnify Landlord from and against any and all claims, damages, losses, liability and
expenses (including attorneys’ fees and related costs) attributable to any failure by Tenant to timely comply with the
requirements of this Paragraph.

27. Limitation on
Liability Anything contained in this Lease to the contrary notwithstanding, Tenant agrees that Tenant shall look solely to
the estate of Landlord in the Property of which the Premises form a part for the collection of any judgment (or other
judicial process) whether arising Ex Contractu, Ex Delicto, or otherwise, requiring the payment of money by
Landlord because of a default or breach by Landlord with respect to any of the terms, covenants and conditions of
this Lease, subject, however, to the prior rights of any ground or underlying lessor or the holder of any mortgage,
deed of trust or deed to secure debt covering the Property, and no other assets of Landlord shall be subject to levy,
execution or other judicial process for the satisfaction of Tenants claims. In the event Landlord conveys or transfers
its interest in the Property or in this Lease, except as collateral security for a loan, upon such conveyance or transfer
Landlord (and in the case of any subsequent conveyances or transfers, the then grantor or transferor) shall be forever
and finally entirely released and relieved of and from all liability with respect to the performance of any terms,
covenants and conditions on the part of Landlord to be performed hereunder from and after the date of such
conveyance or transfer, it being intended hereby that the covenants and obligations on the part of Landlord to be
performed hereunder shall be binding on Landlord, its successors and assigns only during and in respect of their
respective periods of ownership of an interest in the Property or in this Lease.

28. Short Form


Lease Tenant agrees not to record this Lease without express written consent of Landlord and further agrees to
execute, acknowledge and deliver at any time after the date of this Lease, at the request of Landlord, a “short form
lease” suitable for recording.

29. Laws The laws of the State of Georgia shall govern the interpretation, validity and enforcement of this Lease.

INITIAL HERE

16
30. Relationship of
the Landlord and
the Tenant This contract shall create the relationship of landlord and tenant between Landlord and Tenant and no
estate shall pass out of Landlord. Tenant has only a usufruct, not subject to levy and sale and not assignable by
Tenant. Nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and
agent or of partnership or joint venture between Landlord and Tenant, it being understood and agreed that the
relationship between the Landlord and Tenant by reason of this Lease is solely that of landlord and tenant.

31. Listing for


Leasing and
Sale Landlord may post “For Rent,” “For Lease,” “For Sale” or any other sign Landlord desires, in Landlord’s sole
discretion on or about the Property or Premises at any time.

32. Waiver of
Rights No failure of Landlord to exercise any power or right granted hereunder, or to insist upon strict compliance by
Tenant with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall
constitute a waiver of Landlord’s right to demand strict compliance with the provisions hereof at any other time.

33. Time of
Essence Time is of the essence with respect to this Lease.

34. Entire and


Binding
Agreement This Lease constitutes the entire agreement of the parties and supersedes any prior agreements, understandings
or negotiations, written or oral. This Lease may not be modified or amended except in writing signed by all parties
hereto. This Lease shall be binding upon and inure to the benefit of the Landlord, Tenant and Agent and their
respective heirs, successors and assigns. Agent is a party to this Lease Agreement, and any and all provisions hereof
which in any way concern or affect Agent shall inure to the benefit of Agent and shall be enforceable by Agent
against Landlord and Tenant, respectively. No action taken by Landlord or Tenant, including but not limited to the
sale of the Premises or Property, the assignment of this Lease or any sublease of the Premises, shall in any way
impair Agent’s rights against Landlord and Tenant, unless expressly provided herein to the contrary.

35. Duty of Highest


Diligence and
Release of
Prior Acts Each party hereto agrees to independently exercise (independent of each other and independent of Agent) the
highest order of diligence in protecting its own interests in arriving at the decision to enter into this Lease, in
actually entering into this Lease, and in making absolutely sure that the entire agreement, from its perspective, is
fully set forth in writing herein.
Any representation, promise, inducement, presentation, proposal, negotiation, prior agreement, covenant,
understanding, duty or obligation whether written, oral, express, implied, implied by silence or created by operation
of law (all of the foregoing hereinafter collectively called “Prior Act”), whether known or unknown, which is not set
forth in this Lease, shall not be binding upon any party hereto, shall be of no force or effect and is null and void. The
parties hereto mutually forever waive and release all rights of every type arising from or in connection with any
Prior Act including without limitation all rights to enforce, to seek enforcement of, to make claim or demand, to
hold another party liable for, to seek damages or legal fees, to recover losses or expenses for, because of, or arising
from, any Prior Act, or to allege, assert or claim reliance upon any Prior Act or series of Prior Acts; all of said Prior
Acts being fully negotiated, agreed upon, finalized, fully settled and satisfied and being fully merged herein. All
Prior Acts are extinguished upon and by the execution of this Lease as if they had never existed.

36. Provisions
Severable If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by
law.

37. Rights
Cumulative All rights and powers under this Lease shall be cumulative and, except as otherwise provided herein, shall be
in addition to any provided at law or in equity.
INITIAL HERE

17
38. Captions and
Definitions The captions in this Lease are for convenience and reference only and shall not be deemed to be part of this
Lease or construed as in any manner limiting the terms and provisions of this Lease to which they relate. Whenever
used herein and appropriate, the singular shall include the plural, the plural shall include the singular, and any
gender shall include the other.

39. Application to
Extension Unless otherwise agreed to by the parties in writing, the terms of this Lease shall apply to all extensions and
renewals hereof.

40. Late Charge


on Rental It is acknowledged by the parties hereto that the late payment by Tenant to Landlord of Rent or any other sums
due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which would
be extremely difficult and impractical to ascertain. Such costs include, but are not limited to, processing, clerical and
accounting charges, lost interest, and late charges which may be imposed on Landlord by the terms of any mortgage
or deed to secure debt encumbering the Property. Therefore, any Rental not paid within ten (10) days after its due
date shall be subject to a charge of ten percent (10%) of the monthly Rent due, which charge shall be deemed to be
additional rent, payable immediately without further demand by Landlord.

41. Certificate Tenant shall, from time to time, as requested by Landlord, execute and deliver to Landlord a written,
certified statement in recordable form: (i) ratifying this Lease; (ii) confirming the commencement and expiration
dates of the Term of this Lease; (iii) certifying that the Tenant is in occupancy of the Premises, and that this Lease is
in full force and effect and has not been assigned, modified, supplemented, or amended, except by such writings as
shall be set forth in such certificate; (iv) that all conditions under this Lease to be performed by the Landlord have
been fulfilled, except as set forth in such certificate; (v) that there are no defenses or offenses against the
enforcement of this Lease by Landlord, except those set forth in such certificate; (vi) reciting the amount of advance
rental, if any, paid by Tenant and the date to which Rent and all other sums, charges and fees have been paid by
Tenant; (vii) reciting the amount of security deposit, if any; and (viii) such other information and facts as the
Landlord may reasonably request. Tenant further agrees to execute and deliver similar declaration from time to time
to Landlord’s mortgage lenders, ground or underlying lessors or purchasers, as and when requested by Landlord and
not otherwise, and each of such parties shall be entitled to rely upon such written declaration made by Tenant.
Tenant shall, within three (3) days after any written request from Landlord, execute, acknowledge and deliver
to Landlord any of the papers, certificates, or statements requested under this Paragraph.
Tenant’s failure to deliver such statement within such time shall be conclusive upon Tenant (i) that this Lease
is in full force and effect, without modification except as may be represented by Landlord; (ii) that there are no
uncured defaults in Landlord’s performance; (iii) that Tenant has paid to Landlord the security deposit set forth in
this Lease: and (iv) that not more than one month’s rental has been paid in advance.
Tenant shall fully indemnify Landlord from and against any and all claims, damages, losses, liability and
expenses (including attorneys’ fees and related costs) attributable to any failure by Tenant to timely comply with the
requirements of this Paragraph.

42. Consents Where under the terms of this Lease, the consent or approval of Landlord shall be required, such consent or
approval shall be granted in Landlord’s sole discretion unless otherwise expressly provided for herein. With respect
to any provision of this Lease which either expressly provides or is held to provide that Landlord shall not
unreasonably withhold or unreasonably delay any consent or approval, Tenant shall not be entitled to make any
claim for, and Tenant hereby expressly waives any claim for, damages incurred by Tenant by reason of Landlord’s
failure to comply therewith, it being understood and agreed that Tenant’s sole remedy therefore shall be an action
for specific performance.

43. Authority A. If Tenant executes this Lease as a partnership, each individual executing this Lease on behalf of said
partnership represents and warrants that he or she is a general partner of said partnership, and that this Lease is
binding upon said partnership in accordance with its terms.
B. If Tenant executes this Lease as a division of a corporation:
1. Each of the persons executing this Lease on behalf of Tenant does hereby covenant and warrant that its
parent corporation is a duly authorized and existing corporation, that Tenant or the parent corporation has (and is
qualified to do) business in the State of Georgia, that Tenant has full right and authority to enter into this Lease on
behalf of the parent corporation as well as on its own behalf, that each person signing this Lease on behalf of Tenant
is authorized to do so on behalf of the parent corporation (as well as on behalf of Tenant), and that the terms of this
Lease are binding upon the parent corporation as well as upon Tenant; and
INITIAL HERE

18
2. Tenant shall, within 30 days after request by Landlord, deliver to Landlord a certified copy of a
resolution of the Board of Directors of the parent corporation authorizing or ratifying the execution of this Lease.
C. If Tenant executes this Lease as a corporation or a subsidiary of a corporation, each of the persons
executing this Lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly authorized,
adequately capitalized and existing corporation, that Tenant has (and is qualified to do) business in the State of
Georgia, that Tenant has full right and authority to enter into this Lease, and that each person signing this Lease on
behalf of Tenant is authorized to do so.

44. Indemnification
As used in this Paragraph 44, the following terms shall include the following unless the context clearly requires
otherwise: (i) the word Landlord shall include all officers, directors, employees, agents (including, but not limited to,
Agent, and the provisions hereof shall inure to the benefit of Agent to the same extent as they inure to the benefit of
Landlord), servants and authorized representatives of Landlord, (ii) the words ‘’claim” and “claims” shall include
damages, losses, liabilities and expenses, including attorneys’ fees and related costs, and (iii) the words “Tenant’’
and “Subtenant” herein shall include all employees, agents, servants and authorized representatives of same (as well
as all officers and directors of Tenant of Subtenant if either such part is a corporation, and all general partners of
Tenant or Subtenant if either such party is a partnership).
A. Tenant shall fully indemnify Landlord against all claims, however caused, arising in whole or in part from
Tenant’s use of the Premises and the Property, from the conduct of Tenant’s business, or from any activity, work, or
thing done, permitted or suffered by Tenant (or by any licensee, concessionaire or Subtenant of Tenant) anywhere
within the confines of the Property, and shall further indemnify Landlord against all claims arising in whole or
performed under the terms of this Lease or arising in whole or in part from any act, neglect, fault or omission by
Tenant (or by any licensee, concessionaire or Subtenant of Tenant) anywhere within the confines of the Property,
except to the extent that any such claim is attributable, in whole or in part, to a grossly negligent act or omission by
Landlord, or to willful misconduct on the part of Landlord.
B. Tenant and any Subtenant of Tenant, as a material part of the consideration to Landlord hereby assume all
risk of damage to property, injury and death to persons, and all claims of any other nature resulting from their use or
possession of the Premises, and Tenant and any Subtenant of Tenant hereby waive all claims in respect thereof
against Landlord. Without limiting the generality of the foregoing, Landlord shall not be liable for any damage to
property of Tenant (or of any Subtenant of Tenant) entrusted to any employee or agent of Landlord, nor shall
Landlord be liable for loss of or damage to any property of Tenant (or of any Subtenant of Tenant) by theft or
otherwise. Landlord shall not be liable to Tenant or to any Subtenant of Tenant for any damage to property, or
injury or death to persons, resulting from any cause, including but not limited to fire, explosion, falling plaster,
steam, gas, electricity, rain or water (which may leak into the Premises from any part of the building(s) containing
the Premises, from the pipes, appliances or plumbing works therein or from the roof thereof), or dampness within
said building(s), unless caused by or due to the grossly negligent failure of Landlord to repair such condition(s)
within a reasonable time (after written notice of the need for such repair is given to Landlord by Tenant) and through
no fault of Tenant (or of any Subtenant, licensee, concessionaire or invitee of Tenant). Nor shall Landlord be liable
to Tenant or to any Subtenant of Tenant for any latent defect in the Premises or the building(s) containing the
Premises or any other part of the Property. All property of Tenant (or of any Subtenant of Tenant) kept or stored
anywhere within the confines of the Property shall be so kept or stored at their own risk, and Tenant and any
Subtenant of Tenant hereby waive any claims against Landlord arising out of damage to the same, including
subrogation claims by insurance carriers of Tenant (or of any Subtenant of Tenant) to the extent permissible under
the relevant insurance policies, unless such damage shall be caused by the willful misconduct or gross neglect of
Landlord and through no fault of Tenant (or of any Subtenant, licensee, concessionaire or invitee of Tenant). Nor
shall any of the events or conditions set forth in this Paragraph 44 be deemed a constructive or actual eviction or
entitle Tenant (or any Subtenant of Tenant) to any abatement or reduction of Rent. In addition, except to the extent
that any of the following types of claims are attributable, in whole or in part, to a grossly negligent act of omission
by Landlord, or to willful misconduct on the part of Landlord, Tenant shall fully indemnify Landlord with respect to
(i) any claim against Landlord (based on any of the events or conditions set forth in this Paragraph 44) made by any
licensee, concessionaire or invitee of Tenant, and (ii) any such claim made by any Subtenant of Tenant (to the extent
that any of the waivers in this Paragraph 44 are unenforceable against any Subtenant of Tenant). As used in the
immediately preceding sentence, the word “claim” shall include subrogation claims by the respective insurer(s) of
any of the parties referred to in such sentence to the extent permissible under the relevant insurance policies.
C. If any action or proceeding is brought against Landlord by reason of any claim against which Tenant is
obligated to indemnify Landlord under this Paragraph 44, Tenant (upon notice from Landlord) shall defend
Landlord against such claim, solely at Tenant’s expense, by counsel reasonably satisfactory to Landlord. Tenant’s
indemnification obligations under this Paragraph 44 shall not require payment as a condition precedent to recovery,
shall survive the expiration or earlier termination of this Lease with respect to claims arising from acts or omissions
which occurred prior to such expiration or earlier termination, and shall not be diminished on account of any claim
INITIAL HERE

19
being based upon any alleged act or omission of Landlord, unless it is adjudicated that such claim is attributable, in
whole or part, to a grossly negligent act or omission by Landlord, or to willful misconduct on the part of Landlord.
D. Tenant shall give prompt notice to Landlord with respect to any defects, fires or accidents which Tenant
observes anywhere within the confines of the Property.

45. Abandonment Tenant shall not vacate or abandon the Premises at any time during the Term of this Lease, and if Tenant shall
abandon, vacate or surrender the Premises, or be dispossessed by process of law or otherwise, such shall be a non-
curable default under this Lease, and any personal property belonging to Tenant and left on the Premises shall be
deemed to be abandoned and may be removed from the Premises. No act or thing done by Landlord or by any agent
or employee of Landlord during the Term of this Lease shall be deemed an acceptance of a surrender of the
Premises, unless such acceptance is expressed in writing and duly executed by Landlord. The delivery of the key(s)
(to the Premises) to Landlord or any employee or agent of Landlord shall not operate as a termination of this Lease
or a surrender of the Premises.

INITIAL HERE

20
46. Events and
Approvals Not
Directly
Controllable
By Landlord If any party, except as otherwise herein specifically provided, shall be delayed or hindered in or prevented from
the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure
materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a
like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease,
then performance of such act shall be extended for a period equivalent to the period of such delay Notwithstanding
the preceding sentence, the provisions of this Paragraph shall not operate to excuse Tenant from the prompt payment
of any Rent or any other payments required by the terms of this Lease. In the event any Governmental authority
having jurisdiction does not issue a Certificate of Occupancy for Tenant covering the Premises, this Lease shall at
the option of Landlord be null and void and neither Landlord nor Agent shall be liable to Tenant in any way
whatsoever.

47. Agent’s
Commission As compensation for services rendered by Realty World Leading Experts in procuring Tenant and this Lease,
Landlord agrees to pay Realty World Leading Experts a leasing commission (hereinafter referred to as the
''Commission") per a separate agreement:
A. In the event Landlord sells or transfers the Premises, the Property or any premises or property in connection
with which any Commission is due, or assigns the Lease or any other lease in connection with which any
Commission is due, Landlord shall promptly tender to Agent an agreement acceptable to Agent, signed by the
relevant purchaser or assignee, expressly assuming Landlord's obligations to Agent under this Lease and any other
relevant lease and expressly acknowledging Agent as agent for the purchaser or assignee in connection with the Lease
or other relevant lease or leases. Upon Agent's written consent to said agreement, Agent shall release Landlord in
writing (and no oral release shall be of any effect) from any further obligations hereunder as to the relevant premises
or property sold or transferred or the lease assigned. Tenant agrees that if this Lease or any other relevant lease is
validly assigned by Tenant, Tenant will secure from the assignee an agreement in writing recognizing the assignment
of Gross Rents and other rights held by Agent under this Lease and/or any such other lease.

B. Agent shall not be responsible for any form of property management, management, or construction services
by virtue of this Lease.

48. Waiver of
Subrogation Landlord and Tenant each hereby releases the other from any and all liability or responsibility to the other or
anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property
caused by fire or any other perils insured in policies of insurance covering such property, even if such loss or
damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be
responsible, including without limitation any other tenants or occupants of the remainder of the Property; provided,
however, that this release shall be applicable and in force and effect only to the extent that such release shall be
lawful at that time and in any event only with respect to loss or damage occurring during such time as the releasor’s
policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair
such policies or prejudice the right of the therefor to recover thereunder and then only to the extent of the insurance
proceeds payable under such policies. Landlord and Tenant each agrees that it will request its insurance carriers to
include in its policies such a clause or endorsement. If extra cost shall be charged therefore, each party shall advise
the other thereof and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall
not be obligated to do so. If such party fails to pay such extra cost, the release provisions of this Paragraph shall be
inoperative against such other party to the extent necessary to avoid invalidation of such releasor’s insurance.

49. Bankruptcy In the event of a filing during the Term of this Lease of any proceedings by or against Tenant for the
adjudication of Tenant as a bankrupt or for any other relief under the bankruptcy or insolvency laws of the United
States (Title 11 of the United States Bankruptcy Code, the “Bankruptcy Code”), Landlord may exercise any and all
rights available to landlords under the Bankruptcy Code. Tenant acknowledges that this Lease is a lease of non-
residential real property which will be or has been developed as a retail shopping center. The Trustee shall have
the right to assume Tenant’s rights and obligations under this Lease only if the Trustee promptly cures or provides
adequate assurance that the Trustee will promptly cure any default under the Lease, compensates or provides
adequate assurance that the Trustee will promptly compensate Landlord for any actual pecuniary default under this
Lease, and provides adequate assurance of future performance under the Lease. The word “promptly” as used herein
INITIAL HERE

21
shall mean that the cure of defaults and compensation of actual pecuniary loss will occur no later than sixty (60)
days after the filing of any motion or application to assume this Lease, and the phrase “actual pecuniary loss” shall
include all Rent and interest and all unpaid Rent and other obligations of Tenant under this Lease, all attorneys’ fees
and related costs of Landlord in connection with any default of Tenant under the Lease and in connection with
Tenant’s bankruptcy proceedings. Any person or entity to which this Lease is assigned pursuant to the provisions of
the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations arising
under this Lease on or after the date of such assignment. Any such assignee shall, upon demand of Landlord,
forthwith execute and deliver to Landlord an instrument, in form and substance acceptable to Landlord, confirming
such assumption. Such assignee shall use and operate the Premises in the same “upscale,” “first-class” manner as
Tenant hereunder. Any and all monies or the considerations payable or otherwise to be delivered in connection with
such assignment shall be paid or delivered to Agent at the address to which Rent is payable and shall not constitute
property of Tenant or the estate of Tenant within the meaning of the Bankruptcy Code. Notwithstanding anything
under this Lease to the contrary, all amounts payable by Tenant to or on behalf of Landlord under this Lease,
whether or not expressly denominated as rent, shall constitute rent for the purposes of the Bankruptcy Code.

50. Hazardous
Materials Tenant covenants that, neither Tenant, nor any of its agents, employees, contractors or invitees shall cause or
permit any of the following:
(i) the presence, use, generation, release, treatment, processing, storage (including storage in above ground and
underground storage tanks), handling, or disposal of any Hazardous Materials (defined as petroleum and
petroleum products and compounds containing them, including gasoline, diesel fuel and oil; explosives;
flammable materials; radioactive materials; polychlorinated biphenyls (“PCBs”) and compounds containing
them, lead and lead-based paint; asbestos or asbestos-containing materials in any form that is or could
become friable; underground or above-ground storage tanks, whether empty or containing any substance;
any substance the presence of which on the Premises is prohibited by any federal, state or local authority;
any substance that requires special handling; and any other material or substance now or in the future
defined as a "hazardous substance," "hazardous material," "hazardous waste," "toxic substance," "toxic
pollutant," "contaminant," or "pollutant" within the meaning of any Hazardous Materials Law. "Hazardous
Materials Laws" means all federal, state and local laws, ordinances and regulations and standards, rules,
policies and other governmental requirements, administrative rulings and court judgments and decrees in
effect now or in the future and including all amendments, that relate to Hazardous Materials and apply to
Tenant or to the Premises. Hazardous Materials Laws include, but are not limited to, the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., the Toxic Substance Control Act, 15
U.S.C. Section 2601, et seq., the Clean Water Act, 33 U.S.C. Section 1251, et seq., and the Hazardous
Materials Transportation Act, 49 U.S.C. Section 5101, et seq.,) on or under the Premises;
(ii) the transportation of any Hazardous Materials to, from, or across the Premises;
(iii) any occurrence or condition on the Premises which is or may be in violation of Hazardous Materials Laws;
The matters described in clauses (i) through (iii) above are referred to collectively in this Section 50 as
"Prohibited Activities or Conditions."
Tenant represents and warrants to Landlord that:
(i) Tenant will not at any time engage in, cause or permit any Prohibited Activities or Conditions; and
(ii) Tenant will comply with all Hazardous Materials Laws.
The representations and warranties in this Section 6 shall be continuing representations and warranties that shall
be deemed to be made by Tenant throughout the Term of the Lease including any renewals or extensions.
Tenant shall promptly notify Landlord in writing upon the occurrence of any of the following events:
(i)Tenant's discovery of any Prohibited Activity or Condition;
(ii) Tenant's receipt of or knowledge of any complaint, order, notice of violation or other communication from
any Government Authority or other person with regard to present or future alleged Prohibited Activities or
Conditions or any other environmental, health or safety matters affecting the Premises; and
(iii) any representation or warranty in this Section 50 becomes untrue after the date of this Lease.
Any such notice given by Tenant shall not relieve Tenant of, or result in a waiver of, any obligation under this
Lease.
If because of anything attributable to Tenant, any investigation, site monitoring, containment, clean-up,
restoration or other remedial work ("Remedial Work") is necessary to comply with any Hazardous Materials Law or
order of any Governmental Authority that has or acquires jurisdiction over the Premises or the use, operation, or
improvement of the Premises under any Hazardous Materials Law, Tenant shall, by the earlier of (1) the applicable
deadline required by Hazardous Materials Law or (2) 30 days after notice from Landlord demanding such action,
begin performing the Remedial Work, and thereafter diligently prosecute it to completion, and shall in any event
INITIAL HERE

22
complete the work by the time required by applicable Hazardous Materials Law. If Tenant fails to begin on a timely
basis or diligently prosecute any required Remedial Work, Landlord may, at its option, cause the Remedial Work to
be completed, in which case Tenant shall reimburse Landlord on demand for the cost of doing so.
Tenant shall indemnify, hold harmless, and defend Landlord from and against all proceedings, claims, damages,
penalties and costs (whether initiated or sought by Governmental Authorities or private parties), including fees and
out of pocket expenses of attorneys and expert witnesses, investigatory fees, and remediation costs, whether incurred
in connection with any judicial or administrative process or otherwise, arising directly or indirectly from any of the
following:
(i) any breach of any representation or warranty of Tenant in this Section 50;
(ii) any failure by Tenant to perform any of its obligations under this Section 50;
(iii) the existence or alleged existence of any Prohibited Activity or Condition;
(iv) the presence or alleged presence of Hazardous Materials on or under the Premises; and
(v) the actual or alleged violation of any Hazardous Materials Law.
Tenant shall, at its own cost and expense, do all of the following:
(i) pay or satisfy any judgment or decree that may be entered against Landlord in any legal or administrative
proceeding incident to any matters against which Landlord is entitled to be indemnified under this Section
50;
(ii) reimburse Landlord for any expenses paid or incurred in connection with any matters against which
Landlord is entitled to be indemnified under this Section 50; and
(iii) reimburse Landlord for any and all expenses, including fees and out-of-pocket expenses of attorneys and
expert witnesses, paid or incurred in connection with the enforcement by Landlord of its rights under this
Section 50, or in monitoring and participating in any legal or administrative proceeding.
If Tenant consist of more than one person or entity, the obligation of those persons or entities to indemnify
Landlord under this Section 50 shall be joint and several. The obligation of Tenant to indemnify Landlord under
this Section 50 shall survive the termination of the Lease.

51. Relocation Recognizing that the Property has a number of tenant spaces, and that the needs of tenants for rental space may
vary from time to time, and in order for Landlord to accommodate Tenant and prospective tenants, Landlord reserves
the right and Tenant does hereby agree that Landlord, at its option, and upon giving Tenant thirty (30) days notice in
advance thereof to Tenant, may relocate or otherwise transfer Tenant from the Premises to any other available space
at or within the Property of substantially similar size and area and substantially similar rental. Landlord agrees to
bear the cost of the reasonable expense of such transfer as well as the reasonable cost and expense of renovations or
alterations necessary to make the relocation space substantially similar to the original space. Landlord shall decide in
Landlord’s sole discretion if the relocation space is substantially similar to the original space. Following such
transfer and relocation, the within Lease shall continue in full force and effect as if such relocation space were the
Premises originally demised hereunder. In the event that Tenant should refuse to participate in the relocation process,
or fail to relocate and transfer within thirty (30) days from the receipt of written notice as referenced hereinabove,
Tenant shall be in default under the Lease, and Landlord will be entitled to all remedies provided upon default
according to the Lease. Except as provided for in this section Landlord shall have no other obligations with respect to
Tenant regarding the relocation space.

52. Consultation with


Attorney; Agent’s
Limited
Liability This Lease and its exhibits and appendix have been prepared by Agent for Landlord and Tenant’s submission to
their respective attorneys for review prior to execution and acceptance. No representation, warranty or
recommendation is made by Agent or Agent’s agents as to the legal sufficiency, enforceability, consequences or
effects of this Lease. Landlord and Tenant agree to rely solely upon the advice of their own legal counsel as to the
legal sufficiency, enforceability, consequences and effects of this Lease. Landlord and Tenant acknowledge and
agree that Agent shall never be liable for the legal sufficiency or enforceability, consequences and/or effects of this
Lease. Landlord and Tenant’s failure to retain, use and rely upon their own respective attorneys shall be at their sole
risk. Tenant agrees that because of Agent’s limited role in connection with this Lease, Agent’s liability to Tenant in
connection herewith and in connection with the relationship between Landlord and Tenant shall never exceed
$1,000, and Tenant agrees never to seek greater damages against Agent, Tenant and Agent having agreed that said
amount represents the maximum possible damage that could be caused Tenant by Agent.

53. Blanks The parties hereto have examined this Lease Agreement for blank or empty spaces. In the event any blank
herein is not filled in, said blank is left blank by the express and mutual agreement of Landlord and Tenant and shall
not be construed to invalidate this Agreement.
INITIAL HERE

23
54. Execution and
Examination
of Lease This Lease may be executed in two or more counterparts, each of which shall be deemed an original but all of
which together shall constitute one and the same instrument. However, in the event of any variation or discrepancy
between fully executed copies of this Lease (including any addenda, exhibits, appendix, and riders), Landlord’s copy
shall control. Submission by Landlord or Agent of this instrument for examination or signature by Tenant, or
submission of this instrument by Tenant to Agent or Landlord, does not constitute a reservation of the Premises or
an option to lease same, in favor of Tenant, and this instrument is not effective as a lease or otherwise until
execution and delivery by both Landlord and Tenant. Neither Landlord nor Agent shall be liable to Tenant for any
loss, cost or damage to Tenant arising from failure or refusal of Landlord to execute this Lease with or without
reason and regardless of the reason.

55. Notices Any notice or election required or permitted to be made hereunder shall be in writing, signed by the party giving
such notice or making such election or such party’s agent and shall be deemed to be effective when either (1)
personally delivered, or (2) deposited in the United States Postal Service, Certified Mail, Return Receipt Requested,
postage prepaid, or (3) deposited in the United States Postal Service, Express Mail, postage prepaid, or (4) deposited
in Federal Express Overnight Delivery, charges prepaid, addressed to the party being notified at the appropriate
address set forth below. United States Postal Service or Federal Express Overnight Delivery shall be acceptable
hereunder if deliverable to and receivable by any person in the premises of addressee. The return of said Certified
Mail, Express Mail, or Federal Express Overnight delivery, marked refused, unclaimed, or otherwise undeliverable
by the United States Postal Service or Federal Express Overnight Delivery shall be deemed to constitute receipt
effective on the date of deposit. Any party may change its address for notice from time to time by giving the other
parties hereto ten (10) days advance written notice of the address change.

As to Tenant: Keith Muhammad


2507 Rex Rd apt 178
Ellenwood, Ga 30294

As to Landlord: Apple Properties, LLC


1105 Ascott Valley Dr
Duluth, Ga 30097

As to Agent: Realty World Leading Experts


3940 Buford Hwy
Suite A-101
Duluth, Ga 30096

56. Agency
Disclosure Important notice concerning agency relationships and payment of commissions and fees:
a. . Realty World Leading Experts has acted as agent and of the Landlord in this transaction and is to
be paid a Commission, by a separate agreement, by the Landlord. Realty World Leading Experts has not acted as
agent in this transaction for the Tenant.
b. The parties hereto acknowledge and consent to the payment of all such commissions and fees.
c. Landlord, Tenant and all agents who are a party hereto represent and warrant that they have not agreed to
pay or share any real estate fee or commission to or with anyone other than these persons set forth in this Paragraph.
d. With the exception of persons licensed with Agent, Agent shall not be responsible to either Landlord or
Tenant for any act or omission of any real estate licensee or broker acting as a "co-broker", sub-agent of Agent,
Tenant's agent, Landlord's agent Referral Agent, Landlord, Tenant or otherwise.

57. Receipt of
Monies with
Lease Landlord acknowledges receipt, subject to collection, of the security deposit of $800.00

58. Parties Have


Carefully Read
This Lease Tenant and Landlord acknowledge and represent that they have carefully read and reviewed this Lease and
each term and provision contained herein and, by execution of this Lease, show their informed and voluntary

INITIAL HERE

24
consent hereto. The parties hereby agree that the terms of this Lease are reasonable and effectuate their intent and
purpose with respect to the Premises and other subject matter hereof.

59. Special
Stipulations The Special Stipulations contained in Exhibit “C” hereto are incorporated in and made a part of the within
Lease, and if any are in conflict with any terms of this Lease, the Special Stipulations shall control.

IN WITNESS WHEREOF, the parties have placed their hands and seals the date first above written.

LANDLORD: AGENT:

APPLE PROPERTIES, LLC REALTY WORLD LEADING EXPERTS

BY: BY:

TITLE:

TENANT:

KEITH MUHAMMAD

Date:

INITIAL HERE

25
APPENDIX I

RULES AND REGULATIONS (Retail Lease)

Attached to and made a part of that certain Lease Agreement between Keith Muhammad (Tenant),
Apple Properties, LLC (Landlord) and Realty World Leading Experts (Agent), covering Property located in 517 Highway 138,
Riverdale, Clayton County, Georgia as more specifically shown below as being “Property”, Windermere Shopping Center.

Tenant’s use of the Premises, the Common Areas and the Property shall be subject at all times during the Terms to reasonable
rules and regulations adopted by Landlord not in conflict with any of the express provisions of the Lease governing the use of
the parking areas, walks, driveways, passageways, signs, exteriors of buildings, lighting and other matters affecting other
tenants in and the general management and appearance of the Premises and the Property. Tenant agrees to comply with all
such rules and regulations upon notice to Tenant from Landlord. Tenant expressly agrees as follows:

1. All deliveries or shipments of any kind to and from the Premises, including loading of goods, shall be made only at the
Premises at any location designated by Landlord, and only at such time designated for such purpose by Landlord.
2. Garbage and refuse shall be kept in the kind of container specified by Landlord and shall be placed at the location within the
Premises designated by Landlord, for collection at the times specified by Landlord; Tenant shall store soiled or dirty linen in
approved fire rated containers.
3. No radio or television aerial or other device shall be erected on the roof or exterior walls of the Premises or on the building in
which the Premises are located without first obtaining in each instance the Landlord’s consent in writing, which consent may
be withheld for any reason or without any reason in Landlord’s sole discretion. Any aerial or device installed without such
written consent shall be subject to removal by Landlord at Tenant’s expense without notice at any time. The operation of any
radio, phonograph or similar device shall not be used in a manner so as to be heard or seen outside the premises.
4. Tenant shall keep the Premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures.
5. The outside areas immediately adjoining the Premises shall be kept clean and free from snow, ice, dirt, trash and rubbish by
Tenant, and Tenant shall not place, suffer or permit any obstructions or merchandise in such areas.
6. Tenant shall not use the public or Common Areas of the Property for any business purposes, or the sale of merchandise or
placement of any vending or coin-operated machine.
7. Plumbing facilities shall not be used for any other purposes than that for which they are constructed, and no foreign substance
of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this
provision by Tenant or any of its employees, agents, subtenants, licensees, concessionaires or invitees shall be borne entirely
by Tenant.
8. Tenant shall use monthly, at Tenant’s cost, a pest extermination contractor.
9. Tenant shall store and/or stock in the Premises only such merchandise as Tenant is permitted to offer for sale in the Premises
pursuant to this Lease.
10. Tenant shall not conduct or permit any fire, bankruptcy, auction or “going out of business” sale (whether real or fictitious) on
the Premises, without the prior written consent of Landlord, or utilize any unethical method of business operation. No auction
of any type may be conducted in the Premises or on the Property.
11. Tenant shall not perform or permit any act nor carry on or permit any practice which may damage, mar or deface the
Premises or any part of the Property.
12. Tenant shall not use any forklift truck, tow truck or any other powered machine for handling freight in the Premises except in
such manner and in those areas in the Premises as may be approved by Landlord in writing.
13. Tenant shall not place a load on any floor in the Premises or the Property, exceeding the floor load limit which such floor was
designed to carry, nor shall Tenant install, operate or maintain in the Premises any heavy item or equipment except in such
manner as to achieve a proper distribution of weight.
14. Tenant shall not install, operate or maintain in the Premises or in any other area of the Property any electrical equipment
which does not bear underwriter’s approval, or which would overload the electrical system or any part thereof beyond its
capacity for proper and safe operation as determined by Landlord.
15. Tenant shall not suffer, allow or permit any vibration, noise, light, odor or other effect to emanate from the Premises, or from
any machine or other installation therein, or otherwise suffer, allow or permit the same to constitute a nuisance or otherwise
interfere with the safety, comfort and convenience of Landlord or any of the other occupants of the Property or their
customers, agents or invitees or any others lawfully in or upon the Property. Upon notice by Landlord to Tenant that any of
the aforesaid is occurring, Tenant agrees to forthwith remove or control the same.
INITIAL HERE

26
16. Tenant agrees at all times to maintain the heating and air conditioning equipment in the Premises.
17. Landlord shall have the right, exercisable without notice and without liability to Tenant, to change the name and the street
address of the Property of which the Premises are a part.
18. No animals shall be allowed in the Premises, Common Areas, or on the Property.
19. Bicycles or other vehicles or apparatus shall not be permitted to obstruct the sidewalks or entrances of the Property.
20. The sidewalks, halls, passages, exits, entrances and stairways shall not be obstructed by Tenant or used by Tenant for any
purpose other than for ingress to and egress from Tenant’s Premises. The halls, passages, exits, entrances, elevators,
stairways, balconies and roof are not for the use of the general public, and the Landlord shall in all cases retain the right to
control and prevent access thereto by all persons whose presence in the judgement of the Landlord shall be prejudicial to the
safety, character, reputation and interests of the Property and its tenants, provided that nothing herein contained shall be
construed to prevent such access to persons with whom the Tenant normally deals in the ordinary course of Tenant’s business
unless such persons are engaged in illegal activities. Tenant and Tenant’s employees or invitees shall not go upon the roof of
the Property.
21. No sign, placard, picture, advertisement, name, logo, or notice shall be inscribed, displayed, printed or affixed on, to or in any
part of the outside of the Property, on any exterior glass, or other manner visible from the exterior of the Premises without the
prior written consent of Landlord, which consent may be withheld for any reason or without any reason in Landlord’s sole
discretion. Any item which is improperly visible may be removed by Landlord without notice to Tenant at Tenant’s expense.
22. No sun screen or other film may be applied to the surface of any exterior glass.
23. Tenant may not place anything or allow anything to be placed near the glass of any window or door which appears unsightly
from outside the Premises, the unsightliness thereof to be judged by Landlord in Landlord’s sole discretion.
24. Tenant shall not use or keep any kerosene, gasoline, or any inflammable, combustible or explosive fluid or material within
the Premises or on the Property nor use any method of heating or air conditioning other than that supplied or approved by
Landlord.
25. Tenant may not place, or allow to be placed, any coin-operated machine or device outside of Tenant’s Premises.
26. Tenant may not add, place or replace any awning or similar device over or outside of any window or door.
27. Any broken exterior glass for which Tenant is responsible shall be immediately replaced by Tenant at Tenant’s expense.
28. Landlord may amend these Rules and Regulations or may add new rules and regulations for the use and care of the Premises,
the buildings of which the Premises are a part, and the Common Area and the Property at any time and from time to time.

INITIAL HERE

27
EXHIBIT "A"
PREMISES

Attached to and made a part of that certain Lease Agreement between Keith Muhammad (Tenant),
Apple Properties, LLC (Landlord) and Realty World Leading Experts (Agent), covering Property located in 517 Highway 138,
Riverdale, Clayton County, Georgia as more specifically shown below as being “Property”, Windermere Shopping Center.

INITIAL HERE

28
EXHIBIT "B"
PAGE 1
SPECIAL STIPULATIONS

Attached to and made a part of that certain Lease Agreement between Keith Muhammad (Tenant), Apple
Properties, LLC (Landlord) and Realty World Leading Experts (Agent), covering Property located in 517 Highway 138, Riverdale,
Clayton County, Georgia as more specifically shown below as being “Property”, Windermere Shopping Center.

1) Tenant shall have the option (the "Option") to renew 2 years lease at the end of 1st year (the "Option Period") during
which all of the terms and conditions of this Lease shall control and apply, except that the Base Rent due under the Lease
shall be the then market rental rate. The Option Period shall commence immediately upon the termination of the Term.
Tenant shall not have the right to exercise the Option if at the time of exercise Tenant is in default under any of the terms or
conditions of this Lease. Tenant may exercise the Option by giving Landlord written notice (in the manner provided for
notice in this Lease) at least Sixty (60) days prior to the expiration date of the initial Term. Failure to give such notice shall
terminate Tenant's Option hereunder. If Tenant does timely exercise the Option, Tenant may not thereafter revoke said
exercise.

Tenant shall have no other right to extend or renew the Term of the Lease beyond the Option Period.

Time shall be of the essence with respect to the exercise of the Option.

2) Tenant is required to pay One month deposit $800 and 2 months Rent by ___________________

3) Tenant is responsible for all utilities including water, gas, electricity and trash service

4) Commence date is ____________________.

INITIAL HERE

29
EXHIBIT “E”

GUARANTY OF LEASE
FOR VALUE RECEIVED, and in consideration of, and as an inducement for the execution and delivery of the foregoing Lease by and
between Apple Properties, LLC, a Georgia limited liability company (“Landlord”) and Keith Muhammad the undersigned Guarantor
hereby guarantees (jointly and severally, if more than one) to Landlord the full and prompt payment of all rental and any and all other sums
and charges payable by Tenant as the tenant under the Lease, and the full and timely performance and observance of all the covenants,
terms, conditions and agreements in the Lease to be performed and observed by Tenant. Guarantor hereby covenants and agrees that, if
default shall, at any time. be made by Tenant in the payment of any such rental or of the covenants, terms, conditions or agreements in the
Lease, the Guarantor will promptly pay such Rent and other sums and charges to Landlord and/or perform and fulfill all of such terms,
covenants, conditions and agreements and will pay Landlord all damages and expenses, including reasonable attorney's fees, in connection
with any default by Tenant under the Lease or by the enforcement of this Guaranty.

This Guaranty is an absolute and unconditional guaranty of payment and of Performance. It shall be enforceable against the Guarantor
without the necessity of any suit or proceedings on Landlord's part of any kind or nature whatsoever against Tenant and without the necessity of any
notice of nonpayment, non-performance, non-observance acceptance of this Guaranty, or any other notice or demand to which the Guarantor hereby
expressly waives. The Guarantor hereby expressly agrees that the validity of this Guaranty and the obligations hereunder shall in no way be
terminated, affected, diminished or impaired by reason of the assertion or failure to assert by Landlord against Tenant any of the rights and remedies
available to Landlord or by relief of Tenant from any of Tenant's obligations under this lease by rejection of the Lease in connection with proceedings
under the Bankruptcy laws now or hereafter in effect or otherwise.

This Guaranty shall be a continuing guaranty and the liability of the Guarantor hereunder shall in no way be affected, modified or
diminished by reason of any assignment, renewal, modification, or extension of the Lease or by reason of any modification or waiver of or change in
any of the terms, covenants, conditions or provisions of the Lease, or by reason of any extensions of time that may be granted by Landlord to Tenant
or by reason of a change for different use of the Premises or by reason of any dealings or transactions or matters or things occurring between
Landlord and Tenant, whether or not the Guarantor has knowledge or notice thereof. Landlord reserves the right. to obtain a credit report.

The assignment by Landlord of the Lease and/or the Rents and other receipts thereof made either with or without the Guarantor’s
knowledge or not ice shall in no manner whatsoever release Guarantor from any liability as Guarantor. This Guaranty may be assigned by Landlord.

All Landlord' s right and remedies under the said Lease or under this Guaranty are intended to be distinct, separate and cumulative and no such right
and remedy therein or herein mentioned is intended to be any exclusion or a waiver of any of the others.

This Guaranty shall be binding upon Guarantor and its heirs, successors and assigns.

IN WITNESS WHEREOF, the undersigned has executed and sealed this Guaranty of Lease as of the day first above written.

SSN: 383-78-4804 ___________________________________[SEAL]


Social Security Number Keith Muhammad

Witness:____________________

INITIAL HERE

30

You might also like