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Home My WebLink About00-00577 - SIRLIN GALLOGLY & LESSER, P.C. By: Peter A. Lesser, Esquire Identification No.: 59433 1529 Walnut Street Suite 600 Philadelphia, PA 19102 (215) 864-9700 1.-~I~i1"! Attorney for Plaintiff ================================================================= BRANDYWINE OPERATING PARTNERSHIP, L.P., as successor in interest to First Commercial Development Company 14 Campus Boulevard Suite 100 Newtown Square, PA 19073 vs. EASTMAN KODAK COMPANY Corporate Real Estate Office 343 State Street Rochester, NY 14650-1265 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. .,2000- S''l7 eLL I~ ================================================================== COMPLAINT - CIVIL ACTION "NOTICE "You hava lllIen lued In COllI\. II rou wish to delend again.llha Claim. IellOOh in ,he lollowing pagel. you mull Ilk. action within tw.nl)' (201 daY' allar this complainl and notie. ara Ie~, byent.tlng a wrill.n appeara_ personal. Iy or by allornoy and lillng In wtltlng with the coull your d.'.nlel or obl.cllon. to the clalnlllei 10r1ll agaln.1 rou. You are warned that H you lall 10 do 10 th. ca.. may pro- ceed without you and a Judgm.nl may be .nt.red agalnll rou by tIIa COUll without lurthar notice lor any money claimed In tII. complaint or lor any oth.r claim or rellal reque'led by the plalntlll. You may lola money or property . or oth.r rlghla Importanl to rou. "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. tF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OET LEGAl. HELP. Cumberland County Bar Association Lawyer Referral Service Court Adminislrato th r 4 Floor, Cumberland County Courthouse Carlisle, PA 17013 (711) 240-6200 . . "AYISO "L. han demandado a u'led.n Ia cort.. $I usled qultr. del.nderle de ..... demanda. ..pueslaa an ~II pagl!lu ....'.nl... u'led Ilene velnll (201 dial d. p1uo III pertit de Ie lecha de Ie demanele y Ie noUlieaclon. Haca 1&111 ..nlar .... compar.neia ..crlll 0 .n pertona 0 con un abogado 'I .ntregar a Ie cort. en lorma aserlll IUI del.RIII 0 IUI OlIjeelonea a ... d.manelll .n contra de IU pe',-, Sea IYilado que II usled no .. elen.nd.. Ie corte toma"all8dldu y pueele contlnuar Ie elenllnda an conlra IlI\'a IIa pmlo IvIIO 1I notlficeclon. Ad8llll1, Ie eooa puada decldlr a 1- dll d.manelent. 'I raquler. qua ultad cumpla COtI lodU ... plllVlllonel ele ..Ie d8llllncle. IIIlad puade perd." dInero 0 IUI propledad.. u olrOf dereehollmportanlll 1'''1 uII8d. "LLEVE ESTA OEMANDA A UN ABOCIAIlO INMEDIATAMENTE. SI NO TIENE AllOOADO 0 II NO TIENE EL DINERO SUFICIENTE OE PA(1AR TAL SERVICIO. VAYA EN PERSONA 0 l.I.AME POR tELE. FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIT A AllAJO PARA AERIGUAR DONDE ~iE l'UEOE CONSEOUIR ASISTENCIA I.EGAL. , ~~- I~~__",- SIRLIN GALLOGLY & LESSER, P.C. By: Peter A. Lesser, Esquire Identification No.: 59433 1529 Walnut Street Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Plaintiff =======~========================================================= BRANDYWINE OPERATING PARTNERSHIP, L.P., as successor in interest to First Commercial Development Company 14 Campus Boulevard Suite 100 Newtown Square, PA 19073 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. /1rt &;,4 -rb- No. ,;It}vO ~!5 I EASTMAN KODAK COMPANY Corporate Real Estate Office 343 State Street Rochester, NY 14650-1265 -------~--------------------------------------------------~------- -------~---------------------------------------------------------- COMPLAINT - CIVIL ACTION COUNT I BREACH OF CONTRACT - DAMAGES plaintiff, Brandywine Operating Partnership, L.P. , as successor in interest to First Commercial Development Company, through its attorney, Sir1in, Gallogly & Lesser, P.C., sets forth the following causes of action. 1. Plaintiff, Brandywine Operating Partnership, L. P., as successor in interest to First Commercial Development Company, is a limited partnership existing and arising pursuant to the laws of the Commonwealth of pennsylvania; is located at 14 Campus Boulevard, Suite 100, Newtown Square, PA 19073; and is the owner of real property known as 150 Corporate Center Drive, Suite 103, Camp Hill, PA 17011. .._~~, 2. Defendant, Eastman Kodak Company, is a business duly organized and validly existing under and pursuant to the laws of the State of New York. The present business address of defendant is 343 State Street, Rochester, New York 14650. 3. On or about December 16, 1994, Plaintiff and Defendant entered into a Lease with Exhibits thereto for the rental of approximately 3154 square feet of commercial space at the premises located at 150 Corporate Center Drive, Suite 103, Camp Hill, PA 17011. The term of the lease was for a period of five (5) years which commenced on or about February 1, 1995 and terminates on January 31, 2000 . A true and correct copy of said Lease, Amendments and Exhibits are attached hereto, marked collectively as Exhibit "A" and made a part hereof. 4. Pursuant to said Lease, Defendant is responsible for the payment of monthly rent in the amount of $4,336.75. 5. Eastman Kodak Company has defaulted under the terms of the Lease for failure to pay rental arrearage in the amount of $26,093.95. A true and correct copy of the Receivable Report is attached hereto as Exhibit "B." 6. By letter dated October 29, 1999, Plaintiff provided Defendant with a written notice of default. A true and correct copy of said letter is attached hereto, marked as Exhibit "C" and made a part hereof. 7. Despite repeated demands, Defendant has refused and continue to refuse to pay any or all of the remaining balance due to Plaintiff in the amount of $26,093.95. ~I~," I~~'S-*'l!&~_;'~ 8. Section XIV provides for the payment of attorneys' fees and costs to bring suit for the collection of rent. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant, jointly and severally in the sum of $26,093.95 together with interest, attorneys' fees and costs. SIRLIN GALLOGLY & LESSER, P.C. By: q~~ Peter A. Lesser, Esquire Attorney for Plaintiff J~ ~~ _ _~,j VERIFICATION BRAD MOLOTSKY, being duly sworn according to law, deposes and says that he is the representative of Plaintiff, Brandywine Operating Partnership, L.P., in this action, and hereby verifies tl1at the statements set forth in the foregoing Civil Action Complaint are true and correct to the best of his knowledge, information, and belief. I understand that the statements in the foregoing Complaint Civil Action are made subject to the penalties of 18 Pa. CSA Section 4904 relating to unsworn falsification to authorities. ~~~KY~ Dated: \ \ \ "l \1.00 I:l ilJ:;',;....I"" EXHIBIT "A" ,-'--~ H'~'l ,__,'. I .~RANDW!.NE ~GAL ". L , 'ilI.akJi~ljrn,ii ~ 006/021 ~'.S- Rev. 5/93 10/07/99 10:59 FAX 610 >. '. .<. ----- LEASE The undersigned First Commercial Development Company a Pennsylvania General Partnership (herein called "Landlord") and Eastman Kodak Company. a New Jersey corporation, (herein called "Tenanl") hereby agree as follows: I. PREMISES Landlord hereby leases to Tenant. and Tenant does hereby lease from Landlord, on the lerms and conditions herein sel forth, the premises more particularly described as Suile No.4G+; /03 consisting of approximately 3154 rentable square feet, localed al150 Corporale Center Drive, Camp Hill Corporate Cenler, Camp Hill, Pennsylvania 17011 (Ihe "Building'. as illustrated on the floor plan or as olherwise detailed in the description allached herelo as Exhibit A and made II part hereof (the "Premises"). For all purposes of Ihis Lease. regardless of any contrary aClual measurements or anylhing else to the contrary, Landlord and Tenant hereby agree that the Premises consist of 3154"rentable square feel. In addition to the Premises, Tenant shall have the right to use, in common with Landlord and other tenanls of the Building, the .entranceways. lobbies. corridOrs. common resl rooms and break rooms and all other similar common areas and Building amenities. . S"'"~~ ~ The term of this Lease (the "Term") shall oommence on February 1, 1995, or, ir laler, on the date that (i) the leasehold Improvemenls, if any, to be made by Undlord under Section 6 below are substantially compleled in a . . Ihe Work Leller anached hereto as Exhibit B and made a part hereor, an II) Landlord oblains . ertificate of Occupancy for the Premises, and continuing thereafler nlil January 31, 2000 un! s sooner ferminaled In accordance with this Lease. If the Term co mences on a date other t 'n February 1, 1995, the Landlord shall deliver wrillen nolice to Tena I dale, which notice shall be accompanied by a copy oflhe Certificate of Occupancy for the Premises. Such wriUen nolice shall be delivered to Tenant nollaler than fifteen (15) days after the commencement dale. II. TERM III. RENT A. Base Rent, Tenanl agrees 10 pay base renllthe "Base Rent") in the amounl of $52,041.00 per year, which equals $16.50 per rentable square loot per year, payable in equal monthly paymenls or $4,336.75 in advance beginning on February 1, 1995, or the commencement dale of the Term, ir laler, and therealler on the firsl day of each month during the Term, to Landlord allhe address Iisled in Article XIX below, or al such olher address as Landlord shall provide to Tenant in wriling. Rental for any incomplele month shall be prorated according to the number or days during such monlh that Tenant is enlilled to occupancy 01 the Premises. B. Additional Rent. Any amounls payable by Tenanl 10 Landlord under any other provisions of Ihis Lease shall be payable as addilional renl (Ihe "Addilional Renl") and Ihe payment of such amounls shall be enforceable by Landlord in Ihe same manner as the paymenl of Base Rent I C. Tenanrs Right to Audit. Landlord shall mainlain books and records (Including copies of all original invoices) relating to all items 01 Additional Rent charged 10 Tenant during the Term, and shall main lain copies Ihereof throughout the Term and for one year alter the expiration or earlier termination 01 this Lease. Tenant. at its sole cost and expense. shall have Ihe right, no more frequenlly Ihan once per calendar year, and upon thirly (30) days prior wrillen notice to Landlord, to examine, or 10 have an independent Certified Public Accountant, retained by Tenant, examine Landlord's expense records relating to Addilional Rent charged 10 . 1 - BRAND\'IINE LEGAL ,I~ "1li!_~i, ~00U021 10/07/99 11:00 FAX 610 '. Re~'. 5/93 Tenant for all or any porlion 01 the Term during normal business hours only and at a lime reasonably agreed upon by Landlord and Tenant. IV. USE The Premises shall be used and occupied for general office purposes, for servicing Tenant's businass equipment. for Tenan!"s parlS slorage. for training of Tenanl's customers or employees, and for any other business purpose 01 Tenant. V. COMPLIANCE WITH lAW Tenant will comply with all requirements 01 all laws, orders, ordinances and regula lions, including environmental laws. regulations or ordinances, 01 any competent aulhority which shall impose any duly on Tenant with respect to the use or occupancy of the Premises. VI. CONDITION OF PREMISES Tenant accepts Ihe Premises in its presenl, as.ls condition. VII. ALTERATIONS Alterations and modilications to the Premises may be made by Tenant only with Landlord's prior written consent, which shall nol be unreasonably wllhheld or dEllayed, provided that Tenanl shall have submitled 10 Landlord plans and specificalions ollis proposed alleralion or modification. Notwithstanding the foregoing, Tenant shall have the right to installlrade fixtures upon the Premises as Tenant deems desirable withoul Landlord's consent. Tenant shall have the righl to remove all trade fixtures and furniture and lixlures Installed by Tenanl within the Premises upon the expiration or earlier terminalion of this Lease, provided Ihat Tenant shall hav,e the obligalion to repair all damage 10 the Premises or the Building resulting Irom the removal of such trade lixlures, furniture and fixtures. Any improvements, eltcepl trade fixtures, furniture and liltlures, shall beoome the property 01 Landlord upon expiration or earlier termination 01 this Lease. Side lighl windows will be provided in both the conference and demonstrallon rooms, to building. specifications. VIII. MAINTENANCE Landlord shall at its sole cosl and expense maintain and repair the structural components of the Premises, ;lnd the common areas and building systems 01 the Building, including but not limited to the rool, exterior walls (including windows), HVAC, plumbing and electrical systems; common areas including lobbies. rest rooms, hallways. elevators. parking areas, curbs. walks and landscaping, window washing and removal 01 trash lrom the Premises. and keeping the sidewalks, driveways and parking areas Iree 01 snow, ice and debris. Tenant shall be responsible for maintenance and repair of all leasehold improvements within the Premises and Tenant's furniture and lixtures. IX. SERVICES The following services will be provided by Ihe Landlord at Landlond's sole cost and expense: janitorial service 5 days per week. electricilY lor llghllng, small office equipmenl and Tenant equipment. HVAC weekdays during normal business hours and 1/2 day Saturday, with provislonsi lor after.hours operalion al reasonable cost. hot and cold water lor appropriate lixtures located within the Premises, and elevator .2. 10/07199 11: 00 FAX 610.. _.._~~WINE LEGAL ItJ 008/021 ~~iWl~illiiiiI~~li;, Rev, 5/93 Service 7 days per weekl24 hours per day where Ihe Premises, or any portion thereol, is on other Ihan Ihe ground floor. Landlord shall nol be responsible 10 Tenanl for darnages arising Irom any inlerruption or similar failure 10 provide the services lis led above, provided that (i) such failure is caused by circumstances which are not wilhin Landlord's reasonable conlrol, (ii) such failure is not the resull of Landlord's negligence or intemional wrongdoing, and (Iii) Landlord uses Its besl efforts to cause such services to be reslored to the Premises as soon as possible. X. INSURANCE Landlord shall malnlain, Ihroughout the term 01 this Lease, insurance covering lhe Building, including Ihe Premises and leasehold Improvements,ln an amount equal 10 100 percent of Ihe reasonably estimaled replacement cost thereof. against Ihe perilS of lire, extended coverage, vandalism and malicious mischief and sprinkler leakage, and Tenant shall Insure or self-Insure its persona' property on lhe Premises. Tenanl shall maintain comprehensive general liability insurance in an amounl or $1,000.000 each occurrence combined single limit for Injury 10 persons and damage to property naming Landlord as an additional insured as 10 the lease of Premises. Tenanl sh'all furnish 10 Landlord a certificate of insurance evidenCing such insurance logelher with a 30-day nOlice of cancellalion clause. XI. MUTUAL RELEASE AND WAIVER OF SUBROGATION Landlord and Tenanl hereby waive on behalf of Ihemselves and their respeclive Insurers. any claims thaI either may have against the other for loss or damage resulting from perils covered by the standard form of fire and extended coverage insurance, including vandalism and malicious mischief coverage. It is underslood thaI this waiver is inlended to exlend 10 all such loss or damage whether or not the same is caused by the fault or neglect 01 either Landlord or Tenant and whether or nol insurance Is in force, 1/ required by policy conditions. each pany shall secure from ils property insurer a waiver of subrogalion endorsement 10 its pollcy, and deliver a copy of such endorsement to the other party to Ihis lease if requested. XII. LIABILITY OF LANDLORD Unless due 10 the negligence or intentional wrongdoing of the Landlord, its employees or agenls. Landlord shall nol be liable to Tenanl, or Tenant's invilees or guests, or to any other person or entity for any damage (including indirect and consequenlial damage), injury, loss, compensation or claim, including but not limited to claims for the inlerruplion of or loss 10 Tenant's business caused by repairs to any portion of the Premises: interruption in the use of lhe Premises or any equipmenllhereln; any accident or damage resulting from the use or operation (by Landlord. Tenant or any other person or entity) of elevators. or of the healing, cooling, eleclrical, sewage. or plumbing equipmenl or apparalus; any ,breach of security or any fire. robbery, theft. vandalism, mysterious disappearance and/or any other casually; the actions of any olher tenants of Ihe Building or or any other person or entity; and any leakage in any part or p4)rtion 01 Ihe Premises or the Building, or from waler, rain, ice or snow lhal may leak Inlo, or flow from. any' part of the Premises or Ihe Building. or from drains, pipes or plumbing fixtures in lhe Building. XIII. DAMAGE OR DESTRUCTION In the evenl of destruclion or damage 10 Ihe Premises, Tenanl's responsibllily lor Basic and Addilional Rent shall abale, in proportion to the portion 01 the Premises which is rendered unusable by Tenant, as 01 the date 01 said destruction or damage until such time as lancliord has completed repairs. If, in the reasonable opinion of Landlord or Tenant, such repairs may not reasonably be completed wilhin ninety (90) days of such destruction or damage, Ihen eilher party may elecl to terminale this Lease by giving wriUen notice to the other no more than' thirty (30) days after the date of such damage or destruction. Such notice shall state the lermlnation dale. which shall be no less than thirty (30) and no more than Sixty (60) days after delivery 01 such notice. If neilher party exercises its righl to lerminate this Lease pursuant .3- nrT-.~_1000 1..,~-:>t7I Co" 0..,...... ~ ~~ "" B~WINE LEGAL -~ L" ~ 00Sl/021 "1!r!i~.,~ 10/07/99 11:00 FAX 610 ..' .. . Rev. 5/93 10 this Article XIII, Landlord shall prompl1y commence the repair 01 the Premises and shall pursue such repairs with due diligence unlil completed. XIV. INDEMNIFICATION Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable allorney's lees) sullered by or claimed against Landlord, directly based on, arising out of or resulling Irom (i) T enanl's use and occupancy of the Premises or the business conducted by Tenant therein, (ii) any negligent act or omission by Tenant or its employees or guesls. or (iii) any breach or default by Tenant In the performance or observance of its covenants or obligalions under this Lease. landlord shall indemnify and hold Tenant harmless from and against all costs, damages, claims, liabilities and expenses (Including reasonable aUorney's fees) suffered by or claimed against Tenant, dIrectly based on, arising out of or resulting from (i) any negligent act or omission of landlord, Its employees or agents or (ii) any breach by Landlord in the performance or observance of its COVenants or obligations under this Lease. XV. ASSIGNMENT OR SUBLETTING This lease may nOI be assigned or the Premises or any part thereof sublet, without the prior wrillen consent of landlord, which oonsent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant may assign this Lease or sublet all or part of the Premises, withoutlandlclrd's consent, to any direct or indirect subsidiary or to any alfiliale of Tenant. Tenant shall remain fully responsible for the performance 01 all 01 ils dulies and obligafions under Ihis lease after any assignment or sublelling, excepl that Tenant shall not be liable for obligations or duties which are added by an amendment to this Lease made after lhe effeclive dale 01 any assignment hereof unles~; Tenant consents in writing 10 such amendment. . ' . XVI. INSPECTION OF PREMISES Landlord may enter the Premises to inspect or make repairs thereto at any reasonable time. wilh reasonable notice, during the Term. XVII. DELIVERY OF PREMISES Upon the expiration or earlier terminalion of this Lease. Tenanl will deliver the Premises to Landlord broom clean and in as good condilion and repair as allhe commencement hereof, ordinary wear and tear and damage by fire or other casually excepted. and shall return all keys to Landlord. XVIII. PARKING Tenanl and its employees, invilees, and guests may use, in common wilh olher tenants of the Building, the parking areas adjacent to or accompanying the Building, and any loading zone or loading dock at the Building service entrance, without charge. XIX. NOTICES Any notice required or permitted to be gillen hereunder shall be in wriling and shall be given bl' regislered mail, relurn receipt requested, or by express delillery service. with poslage or Ihe cost 01 delivery prepaid or charged to the sender, addressed as follows: .4. ~~- -~ .--- ._.-. 1""1..,.... 10/29/99 12:29 FAX 1 610 325 4629 ,'" l , ,,,, BRANDYWINE ACCT DEPT ~l 1i!J00:1 ,,"' ~j:wlllk'\'-,'~ . . Re'... 5/93 to Tenant at: Eastman Kodak Company Corporate Real Estate Office 343 State Street Rochester, New York 14650-1265 AUenlion: Lease Managemenl Office or to Landlord at: First Commercial Development Company Suite 102 150 Corporate Center Drive P. O. Box 779 Camp Hill, Pennsylvania 17001.0779 Notices required hereunder will be considered to be given lhree (3) business days after deposit wilh lhe postal service or one (1) business day after deposif with an express delivery carrier. Either party may by notice 10 the other specify a different address for notice purposes. XX. DEFAULT . Landlord may lake Immediate possession of the Premises upon: (I) Tenant's breach of any covenanl of Tenanl herein contained il such breach continues lor more than 30 days aller Tenant's receipt of nolice thereol or (in the case 01 any breach which cannot reasonably be cured wllhin 30 days) if correct.ion has not begun within 30 days or (ii) If Tenant vacates the Premises during the term hereol, and Landlord may then relelthe Premises and apply the net proceeds (aller reasonable cost of relelling, including real estale commissions and Tenant Build-out and Demolillon).of such relelling to the amounts due under this lease. Tenanl shall remain liable for the unpaid balance of rent due hereunder to the extent 0' any deficiency 'rom relettlng. ' . i I I , ! XXI, CONDEMNATION If the whole or any substanlial portion 01 the Premises shall be acquired or taken by eminent domain or other similar proceeding, or shall be transferred by Landlord in lieu thereof, then this Lease shall cease and terminate as of the dale of the vesting of title. For purposes of this Article XXI, the phrase .substantial porlion of the Premises. shall mean any part of the Premises without which Tenanl cannot reasonably continue to carry on Its business previously conducted at the Premises. II less than a substantial portion of the Premises is so acquired or taken, the Basic and Addilional Rent payable by Tenant hereunder shall be,reduced as of the date of vesling 01 title in proportion to the portion ollhe Premises which is so taken or acquired. XXII. HOLDING OVER Any holding over by Tenant after the expiration of the term hereof or of any renewal term, withoul Landlord's consent, shall be construed as a tenancy from month.lo.month at such rental rates as Landlord may designate (not to exceed 150% of Ihe rent stated herein) and otherwise on lhe lerms herein specified. XXIII. BUilDING ACCESS Tenant shall have the right to access the Premises and the Building 24 hours per day" days per week with reasonable security controls by the Landlord. XXIV. SIGNAGE Tenant shall have the right 10 affix Tenant's standard suite Identification graphics at the entrance to the Premises and on any Building directory, with the prior approval of Landlord which shall not be unreasonably withheld or delayed. .5. ~, ~ ' _1,_ . _~ 10/29/99 12:29 FAX 1 610 325 4629 BRANDYWINE ACCT DEPT ~'oot..J"'-~~I~W' " , 4. Undlord agrees that all notices 10 be provided 10 lenant under the Lease will be: directed to Danla as follows: Danb Business Systems PLC 11201 Danb Circle North SI. Petersburg, Florida 33716 Phone: (813) 576-6003 Fax: (813) 576-0832 with copies 10: M.E. Barger & Associates, Inc. 10193 9th Street North, Suile A St. Pe~rsb'urg, Florida 33716 Phone: (813) 578-0808 Fax:(~13) 578-5154 Danb Office Imaging Company Camp Hill Corporate Cenler 150 Corporate Center Drive Suite 103 Camp HilI; PA 17011 S. The Lease is in full force and effect in accordance with its terms and is a binding obligation of Landlord. Kodak is not in default of any of the terms or conditions of !he Lease and no event has occurred which (whether with or without notice, lapse of time or the happening of any other occurrence or event) would constitute a default by Kodak under the Lease. 6. The term of the Lease, including any exercised renewal options or exlension ~O . lerms, will expire on January 31, 2000. /('0/ : 7. Base rental as of January I, 1997 will be $4,336.75 per monlh.~\ll other relit,....' ; escrows, .ehll1"ge5 RIllI fees Kodak iJ ellFFeftlly ellligateG te pay eft a Ieglllar hasis Il:fe R3 felleW8: ., Calel!orv $ $ $ $ $ $ i r I Com ea.Mainlenance Building Opera I nses Insurance Escrow Tal[ Escrow ToW: .2- # I' ~,f A~vt,'~'oi1td Re,,;t wd I be bi/let;! Ul/-s,';~~f w;-f'M. fU let:tJe y cv~ w.ll. ~,P~ah!e,,~ adc/'-fJ'JI?A / /LUti Wh.eVJ.~l7///~d. __. . -..... -....... .-...."'" Lease No: N7. ......""'.... .-.....- 10/07/99 11:01 FAX 610 ~ .... _~ ,J BRANDWINE. LEGAL ~_-",-wL""': ~010/021 . .' Rev. 5/93 XXV. SOLICITING Tenant shall have the righlto market Tenant'S business equipment or other products 10 other tenants within Ihe Building. XXVI. SUBORDINATION Tenanl agrees to subordinate the leasehold estale crealed by Ihis Lease to any encumbrance recorded after Ihe commencement date of this Lease againSllhe Bunding or the land on whiCh the Building Is situated (an "Encumbrance") providing Landlord obtains an executed, recordable Non.Disturbance Agreement providing in substance the following: "So long as no unoured default on the part of Tenant under the Lease exists which would entitle Landlord to terminate the Lease, the Lease shall not be terminated or modified in any respeot whatsoever, and Tenant's right to p4)ssession of the Premises and ils olher rig his under the Lease will be fully recognized and protected by the holder of any Encumbrance, and no forclosure 01, deed in lieu of foreclosure of, sale under or any other steps or procedures taken under the Encumbrance, shall affect in any way Tenanl's rights under the Lease: XXVII. QUIET ENJOYMENT , il Landlord agrees Ihat Tenant upon paying all rent and olher charges provided for herein and obselVlng and keeping the covenants and condilions of Ihis Lease shall lawfully and quielly hold and enjoy the Premises during Ihe Term without hindrance or molestalion by Landlord. ',1 XXVIII. BUILDING RULES XXIX. ADA COMPLIANCE " ., I :, il Ii !j II I' ii " il ~.i Tenanl agrees to comply with Landlord's wrillen rules appficable 10 all tenanls or occupants of the Building. a copy of which rules are aUached herelo as Exhibit C and made a part hereof, and with any other reasonable rules imposed by Landlord on alllenants or occupants of the Building of w~ich Tenant is given prior wrillen nolice. Landlord represents and certifies to Tenant Ihat the Building and the Premises comply with the currently known requirements of Ihe law known as Ihe Americans With Disabilities Act and the regulations promulgafed thereunder (Ihe "ADA"). Except as provided below, Landlord shall be responsible for the cost of any or all improvements to the Premises and the BuUding required by any governmental agency or by order of any courl or similar enlorcemenl or otherwise to maintain the continued compliance of the Premises and the Building wilh the ADA. However, Tenant shall pay the cost of any such improvemenls 10 the Premises required as a result of its parlicular, speciali2ed use of the Premises. - XXX. ENVIRONMENTAL CONDITION OF THE PREMISES Landlord represents and cerlifies to Tenant that the Premises and all common areas of the Building are in full compliance with the currenlJy known requiremenls of all federal, stale and local laws, and any regulations promulgaled Ihereunder, relating to the envlronmental,condition of the Building or Ihe health and safety of individuals using Ihe Building. Landlord agrees 10 indemnify, delend and hold Tenant harmless from any costs, claims, damages or expenses 01 any kind arising from any failure of the Premises or any common area of the Building to comply wilh any such law or regulation. XXXI. CAPTIONS The captions of the ArtiCles and Paragraphs of lhis lease are for convenience and easy reference only and shall not be considered or referred to in resolving questions of Interpretation. -6- ~~~ ~"~~~~ ~~.~~ ~.. ,,' _ _ -''-''~ f__ "" I BRANDI!'INE LEGAl,. ,-,' ~, I....... III 011/021 ~it,' :i Ii i " " 10/07/99 11:01 FAX 610 0" _,., 0 '.- Rev. 5/93 XXXII. ENTIRE AGREEMENT This Lease constitutes the entire agreement belween Ihe parties hereto with respect to the subject mailer hereof. and consists 01 the foregoing Agreement and the Exhl~its and Riders listed below, each of which are aUached hereto and made a part hereol: Exhibits A, B. C. Riders ::J I ~ I 4- rrr This Lease shall inure to the benefit 01 and bind the successors and assigns 01 the parties herelo ellcept as herein otherwise provided. IN WITNESS WHEREOF, the parties have caused lhls Lease to be executed by their duly authorized representatives as 01 the I" f!::. day of /J..l--~~---, 19~. ' LANDLORD: TENANT: ~a1 ,(eve'opJ..,""o. J:'STMAN~ (J--7.' ~BY: ~ Name: "PLA I (l... ~. -((l-or,/IJ('/C-/' Name: H. Bruce Russell , ,I! !ii !i il " " 11 ),1 ji I Ii il Ii ,I 11 I; Ii Ii \1 H " Title: p',,!"'iden~ n",,-,;t;...t,t- ( Title: D1RFCTOR CORPORATEREALESTATE1;>FAcE SlDFt.t.SE .7. ,(, '.".. BRANDWlNE LE~AL I c ~01:!1021 -__';'01 10/07/99 11:01 FAX 610 - . . .' . RIDER I I- THI~ RlDER I supplements and amends the Lease dated the ~day of _~.,IV~_, 19~ between First Commercial Development Landlord and EASTMAN KODAK COMPANY as Tenant. I Company as If there is a eonniet between the provisions of Ihe above referenced Lease and tbe fol1owing provisions. the following provisions sball control. Capitalized tenns used herein shall have the same meanings assigned to them in the above-reCerenced lease. OPERATING EXPENSE AND TAX ESCALATION Additional Rent shall include Tenant's proportionate share (based upon the ratio of the number of rentable square feet in the Premises to the number of rentable square feet in the Building in which the Premises are located) of increases in certain expenses and real estate taxes over Ihc amounl of such expenses and taxes aClually incurred..in the year' beginning January I. 1994, and ending December 31. 1994 (the "Base Year"), Such expenses and real eslale taxes shall be defined, detennined, and " payable in the manner and at the times set forlh in Exhibit E attached hereto and made a pan hereof. IN WITNESS WHEREOF,' the panies have caused this Rider I to be executed by theilr duly authotizdi represenlalives as of the 1/ I--. day of ~ a:"';"+ -L- - 19.E.lf' . rv-- LANDLORD: TENANT: o ERCI(I:: DF)ELQRMENT CO. EASTMAN KODAK COMPANY By' . < L--- J . ~ ~~:;:u:z.~ f , Name: JS t...J\' I rf,... -6. -rr2-ll r) he r Name: H. Bruce Russell Tille: p tl.l ~\ ( V- Title: DIRECTOR. CORPORATF. RF.~l. ESTATE OFECl 'Or beginning December 1, 1994 and ending November 30, 1995, whichever represents the larger amount expenses and laxes Incurred. . 8 - ~~T ~ ~~~~ ~~.~~ BRANDWINE LEGAL , ~ 013/021 lilOiii",o' 10/07/99 11:02 FAX 610 ,. ~~. ,. RIDER III I- THIS RIDJ;R III supplements and amends the Lease dated the ~day of t)e.u~>4-~ . 19-5Y' between First Commercial Development Company as Landlord and EASTMAN KODAK COMPANY as Tenant. II there is a connict between the provisions of the above referenced Lease and I:he following provisions. the following provisions shall eonlrol. Capitalized tenus used herein shall have the same meanings assigned to them in the above-referenced lease. TENANT'S OPTION TO RENEW I, I' , " <' Tenant shall have the righl to renew this Lease for an additional tenn of five (5) years by delivering wriUen notice of its iment to renew to landlord no later than June I, 1999. In the event of such a renewal. this Lease shall continue in full force and effect during such renewal lerm. except thai Ihe rental Ule will be 90% of marker. inclusive of concessions. but no greater than escalated remal rates. IN WITNESS WHEREOF, the parties have causl;d Ihis Rider III to be executed by their duly author~ ~presentalives as of the .1.!...::.. day of ~. . 19.!!.f- i Ii p " ! F LANDLORD: TENANT: " 1, , Ii By: COMM JIA 'DE~L~CO.EASTMAN KODAK C MPANY / ~ I1't: . I:,: ~''-;~ . ,./' l3 LJ\ , tz, ~ '/ (l'o ~tI tL-'" Name: H. Bruce Russell f~"-- TItle: DTRECTOR rnRPORATF.REALESTATF.OFFlCIl , I' " , j; i: M f; 11 FIRST Name: Title: - 10 - " l.iiltill' ~ ~'-' 10/07/99 11:02 FAX 610 "1" BRAND)V.INE LEGAL ~' .J ," .' i'~:L'I'~'I...:.;:;t.",:.. '. ':-.>; '.C-'''t':':t .' :'1 ':." , . ~', . - . ;.'~::.' . . . ._",~. . ~ ,.__, n_ .. __' .. ..." .. ......" . TT~ ~I .::}'!'.': .....:' -.t-, "r:.-:'. '. ., . .-'.: I . .. . .' I. i i Ii i ~ : '. . ';.' . :'" '.r-r' .: ~"; '~I- _. -.;-.. .., . t!t~t~".-......... - . I' .~ .:' "t~ ~~" J .:. .., " --,'" .,- ,;-_n_.: ; . .' '. ....1. ............"...-j- -of';' -. , ..;.. " .' , . ..' . " t; . . I . l.~1 t.~...:i.'l. :. "--~..-T-- .~._..... . I "'/-~' . ". ,., 'I!, I ;" ;..' ., I :; ,', .. ... .. , I I~ .; ..:.~-.: I ;! ~ i '1\ '-' .! l' . .. -. --. ".; ". "n_. .'- . ":" --:" ." -1-" '--- .-. ,- .. NI'if.I~....:.. . :.: '!: ~ ". I' .' I q.. j. ,~.., ;i I i. j I , . !IS. ! 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PI .- ". it 1,1" I' .. .' -= I: : :r-!t:f-J i--"['....\ ~.. r--:-- " I'l.~. f I :1 '~I~ '1 ; ~., 4==/== ft -,""f ~'" .:!. i! . r .'. : 'm"": tI' -!{ ~-T ~'~I" 'f ~J - - ".-. 0"-:'.. ~. I .... . I '. i i Pi . 'f1 .~ n j:i- '-".---"f" .--...-. -- ;:.t.-..... O":""I'*~ '-.-- . Qr-:l-'."i . ':'1 i'i'" . '" . j: . n ~;;i~/. ~ ~., :~~I;'~! J';";' ~-~_.~~ ';~-l":~' ..... -- - ~. N.\' J...... ", .:": . I~ -e~~r--1i'+'+1 "I "-8'1=- . L . \~" . ...:...: ,. ~ Ii' ..~ i ~ ~~--~ :c ..- - :"'~~-I' - '. . '.. .....W H -_.~.. ...... --- ' .:00- r-- . ,- ,-- ,., .-J . .'" -~ --- I' : I I. .' .~' 1lI'~. .'. . ';f~II.'i j.' ! 6. "\.- . .... ~: '. ,'J:'," -liS " : ,... .. ..' . r,t '!I i .... .' .' I .,..'._:~.ll" -lIA.f.:-:' __': _.:. ---r-: ".: ~_. .', .' "~I~.:;,~,;.} .. III '" ..' .r~ll ,-, : : .J.' ....,. . ".,...... ", .', . . -- .' ~.1 \-.'A.~ ~!..; ."- ,~:rll ~_..:._. ..."-' . . . . .' I'<~;::~"~is.':~:; :i~j;HJ'.;'II~.""I- I~'~~~~ '~j~~-m.j- ~_,:,i=lmf:~"'" :r.. . 1,-P:,,=] ~ ~ I '~-IiJNl$~~; 1aJ0141021 1'" " ....,."t.....:.....i.: I...... ~~ ~"'....~_....T...................~_~.r, . , , , i i I i , " II II I , I I I :'1 II I .-.-- "... III I~ ~ .'1 0.. Il' )>0. . l'il' fl' ~ .' ,/ ; .. ',. :'-~~ ~.. [\\ it..,. : \no .... ~. ;J .....' )~ ~ . :>.< -Z~. . '~III~Z) :. r' I r-..........~t=::J " ~, 1--) '" I \. _ "EXHIBIT A" FLOORPLAN " f "8'. BRANDWlNE LEGAL I ~015/021 ~" 10/07/99 11:02 FAX 610 . . . ' "EXHIBIT B" WORK I.ETTER AND HV AC DESCRIPTION . Landlord Contribution to Tenant Work Landlord will complete the build out as shown 011 "Exhibit A" f100rplan using the materials described herein. Please note the following: 1. No demolition is required as this space has not been previously occupied. . , 2. 2' x 2' T -bar grid is in place and ceiling tiles are slacked ready for installation. 3. V A V boxes diffusers and flex duct are in place. 4. One inch 0") slim shades as exist. 5. Existing Kodak Demo Room HVAC unil will be moved 10 new Demo Room, if required. 6. Existing Kodak cabinet and sink base may be relocated to new office suite. 7. Existing Kodak oak doors, metal frames and locksets will be relocated as needed. 8. Track and accent lighting may be relocated from demo room, if desired. First Commercial acts as their own general contractor and by working with Tenant O~l selection and specification, we feel this could be achieved. II il 11 II ~ i , . BulldiDl! Standard Items First Commercial will deliver turn key build.out utilizing building standards and specifications. a. Trane variable area volume (VAV), HVAC system with economizer, including ducted supply and plenum return air as system as exists with building energ)' management system. b, 2' x 2' "T-bar" suspended grid ceiling installed with Armstrong CortegaGl Tile. c. 3 lUbe 2' x 4' parabolic lighting as exist. d. Taped, spackled, and painted perimeter walls and partition walls. e. I" horizontal slim shade "mini blinds'. f. Perimeter electrical convenience outlets to code as exist. g. Perimeter pull boxes and conduits for phone or coax, others to be installed in new partitions (0 code and as exist. h. Commercial grade] &) Induslries carpel as per'Tenant specification and colow selection. - Exhibit B - ~~~ ~~ ~~~ ~~.~~ - 10/07/99 11:02 FAX 610 ~ ... -:..):- "., -"-.> - .~". BRANDWINE.LEGAL iil.lIIiil~., I ~011l/021 , ~ - EXHIBIT "e" RULES & REGULATIONS DEFINITIONS CONSTRUCTIONS W ASlmOOMS INSURANCE REGULATIONS GENERAL PROHlBmONS ~~T ~~ ~~nn 4~'~~ I. Wherever in these Rules & Regulations the word "Tenant" is used, it :shall be taken to apply to and include the Tenant and his agents, employees, invitees, licensees, subtenants and contractors, and is to be deemed of such number and gender as the circumstances require. The word "room" is to be taken to include the space covered by Lease. The word "Landlord" shall be taken to incllude the employees and agents of the Landlord. 2. The streets, sidewalks, entrances, halls, passages, elevators, stairways and other common areas provided by Landlord shall not be obstructed by Tenant, or used by him for any other purpose than for ingress and egress. 3. Toilet rooms, water-closets and other water apparatus shall not be used for any purposes other dlan those for which they were constructed. 4. Tenant shall not do anything in the rooms, or bring or keep anything therein, which will in any way increase or tend to increase the risk of fire or the, rate of insurance, or which will conflict with the regulations of the Fire Departm~nt or the fire laws, or with any insurance policy on the Building or any part thereof, or with any law, ordinance, rule or regulation affecting the occupancy and use of the ropms, now existing or hereafter enacted or promulgated by all}' public authority or by the Board of Fire Underwriters. S. In order to insure proper use and care of the Premises, Tenant shall not: (a) Keep animals or birds in dIe rooms. (b) Use rooms as sleeping apartments. (c) Allow any sign, advertisement or notice to be fixed to the Building, inside or outside, without Landlord's consent. (d) Make improper noises or disturbances of any kind; sing, play or operate any musical instrument, radio, or television with consent of Landlord, or otherwise do anything to disturb other tenanlS or tend to injure the reputation of the Building. (e) Mark or defile elevators, water-closets, toilet rooms, walls. windows. doors or any other part of the Building. 0""'1""., " 10/07/99 11:03 FAX 610 , -, -< . ~WINE LEGAL , , - "I ~ .1-.+.' '1" , ~ 017/021 (f) Place anything on the outside of the Building, including roof setbacks, window ledges and other projections; or drop anything from the windows. stairways or parapets; or place trash or other matter in the halls. stairways, elevators of light wells of the Building. (g) Cover or obstruct any window, skylight, door or transom that admits light. (h) Fasten any article, drill holes, drive nails Or screws into the walls. floors. woodwork, or partitions; nor shall the same be painted. papered or otherwise covered or in any way marked or broken without consent of landlord. (i) Operate any machinery other than small office equipment without approval of landlord. 0) Interfere with the heating or cooling apparatus or tamper with its l:ontrols supply or return air ducts. (k) Allow anyone but Landlord's employees to clean rooms. (I) Leave rooms without locking doors. SlOpping all office machines, and extinguishing all lights. (m) Install any shades, blinds, or awnings without consent of Landlord. (n) Use any eleclI'ic heating device without permission of Landlord. (0) Install call boxes. or any kind of wire in or on the Building without landlord's permission and direction. (p) Manufacture any cOmmodity. or prepare or dispense any fclOds or beverage, tobacco, drugs, flowers, or other commodities or articles without the consent of Landlord. (q) Secure duplicate keys for rooms or toilets, except from Landlord, or landlord's approved locksmith. (r) Give his employees or the persons permission to go upon the roof of the Building without'the written consent of landlord. (s) Place door mals in public corridors without the consent of the ulndlord. - C 2- 10/07/99 11:03 FAX 610 '. - ..-...: ~..:" .', PUBLICITY MOVEMENT OF EQUIPMENT REGULATION CHANGES PUBLIC ENlRANCE NO SMOKING POLICY IN COMMON AREAS nrT n~ ~nnn ~~.~~ "'<' BRANDWlNE LEGAL ~~. , I ~j,;c 1aJ0111/021 6. Tenant shall not use the name of the Building in any way in connections with his business except as the address thereof. Landlord shall also have the right to prohibit any advertising by Tenant, which, in i15 opinion, tends 10 impair the reputation of the Building or its desirability as a Building for offices; and upon written notice from Landlord, Tenant shall refrain from/discontinue such advertising. Signs on interior glass doors will be painted only by thl: person designated by Landlord, the cost of the painting to be paid by Tenant. 7. Landlord reserves the right to designate the time when and the method whereby freight, small office equipment, furniture, safes and other like articles may be brought into, moved or removed from the Building or rooms, and 10 designate the location for temporary disposition of such items. In no event shall any of the foregoing items be taken from Tenant's space for the purpose of removing same from me Building without the express consent of bom Landlord and TeI1ant. r !~ f 8. Landlord shall have the right to make such other 'and further reasonable rules and regulations as in the judgment of Landlord, may from time 10 time be nel:dful for the safety, appearance, care, and cleanliness of the Building and for the preservation of good order therein. Landlord shall not be responsible tc> Tenant for any violation of rules and regulations by other tenants. 9. Landlord reserves the right to exclude the general public from the Buildiing upon such days and at such hours as in the Landlord's judgement will be for the best interest of the Building .and its tenants. Persons entering the Building alfter 6:00 p.m. on business days and at all times on Sundays and holidays must sign the register maintained for that purpose. 10. No smoking shall be allowed in any of the common areas of the building. The term "common areas" shall mean all entrance ways, lobby areas, hallways, stairways. interior walkways, restrooms, elevators and any similar ar~lS of the building not constituting a part of the demised premises. -C3- ,<I " ' EXHIBIT "B" . ~11'"""",_\,,, Ii ,'I !i " :'1 " i I ;'i I H I " ;j !! 'I fj I ~ 1 ,I ,i ,I " I 1 -" Q1/11/00 ~ & 15:42 FAX 1 610 325 4629 , BRANDYWINE ACCT DEPT -11", ~ IL/I e" .;l-I S- ~Ll- 9(,.(".Cj ~'. i)ONY\lI. k~lMo aaasaaassssssSSSSSSSSSS8SSaSSSsa Ii) it :> a. i ~~~~~~~~~~--~-~~~~~~----~--_.--- esssseSggSeBS8SeaS2aeee~2Bsee~8~ --_._--~-----~-~~-------~~~----~ O---~_0000200000~OOO~~OOOO~90000 ~~~S~~~~~~~~~a~~~~~~~~~~~~~~~~~~ ~~S~5~~~~!5~~SS!~!_~~~~~~5~~~~~5 o~~m~m$~~~~m$~$mm~mmm~~$m~~~~~$~ 8~~~~~~~~~~~~~~~~~m~~~~~~~~~~~~~ ~-~,~~~~~l~rf~~~~~~~~~~ff~,~r~~~ o .. o ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ a,pawaa~aawaGwaaaaaaaaaamm~,p~lpaaa 9 9 9 99 99 n g '" '" '" I!! I!! '" '" if ~ ~ a a 00 aa a G m ~ GG mm m ... .. o nnnOOnn~nnoznnnnooonnnooononnooo ~~~~~77~~~~O~%7~~~~~~~~~~~~7~I7~ 1!l !!l l" .. ~ s~s~~ssii~s~~ss~~~~~fff~fs~s~~ss omomooo,-,-~of~oo~__ii.____omoma~o o~o~~oo ~Or~n~~~~~~_~~~~o~o~o n ~m~mz~~ m~ m~~> ~m~m~ ~ ~m~m~~~~~m~ m~~~ ~m~m~~~ Ii) Ii) QIi)Ii) Ii) QQo Q Q Q(i)(i) m "II ~ ... - w ... ... is .. . .....,..""'''''' .. '(.) NCN I\)-~ww.!ll .... Ca:l~c.)~ tl)W -w Gl(hQ)G) mC) Q)Q) ~i~~~~~~ ~~ ...... I\)WC,.t - .". ....... z~~ .. .. ,JI...... ~~~~~~lz CJ)Cl)Q)Cl)Q)Q)CD ~~~k~~~ .. - co = .. - .. = ........ ol;lo.,.."", Co(,.)ww '(.)WWI\)N _Wto)(O)~N~W~""" SoIfJ1pq>>p!>>. !>>s:n!>> IiSUi~ut~)n~ut~tr ... i:l .. ill ~ ~~~~~~mw Ca:lW 4~4 ...m~~~~~~~~~~~~ o~m~-.w~~~~~~~~-w w~=bwm.~~~Nomw ~o~ _ m~~ _ W w~m~.m _~ ~_~w w~oe!gw~om~~ ~wSmo~wwo~w8~om~owm ~~~~~3~~~~m~~~~~illgill~~~8~mtm=g~g~ .. ... e:. ::: ll: -- 00 -- -- l:H1 ___.....a._.............. ~~~~~~~~2g ~P!~i!ii!i~UP!~ NNNN~WWWNI\) .. .. .. '" I!!. '" :> III i a o .. .. I _mOl "._, ." - ~ '" CL ~ ll: CD ~ i "! '" :u ~ " '" -g, g l? [ 1t a. .. '" I!!. !!: III o a .. ~ 2' ~ '" .,. ll: !'! '" ~ I.., ~ o ;1 g '" ". c' ~. ~, e' e' in ,,!!: CD;JD ill CD ",2 ~~ H 71D l~ c ~ :> ::Iii';;\' 31>'" ~..~ o 0- ..::. c..;~ ;;8 ;:0- "'r~_~ . ~ ~__~~",l EXHIBIT "e" ~. - ,] . ~'_'>!Iloi<lik\ll\fi", ,1 .......-- ') 7eAl] SIRLlN GALLOGLY ~ LESSER ATTORNEYS AT LAW PENNSYlVANIA OFFICE 1529 WALNUT STREET SUlTE 600 PHILADELPHIA. PA 19102 (215) 864.9700 FAX (215) 864.9669 ^ PROFESSIONAL CORPORATION JON C. SlRUN TIMOTHY A. GALLOGLY PETER A. LESSER .. SUSAN J. KUPERSMITH .. JOHN D. BENSON .. JOHN R. EVANS .. LAURENCE A. MESTER ..... DANA s. COHEN '" JERRY I. DREW.. October 29, 1999 NEW JERSEY OFFICE IBS BUILDING, SUITE 100 1909 ROtITE 70 EAST CHERRY HIll., NI 08003 (609) A24-6200 FAX (609) 489-7683 -I>A&'l4IMR ..p^eNY~ ... PA.NJ a FLA BAR. EaStman Kodak Company Corporate Real Estate Office 343 State Street Rochester, NY 14650-1265 Re: Brandywine Realty Trust v, Eastman Kodak Company Default Notice Our File No. 7273 Dear Sir/Madam: Please be advised of our representation of Brandywine Realty Trust, Eastman Kodak Company's ("Eastman") Landlord, I have been advised by my client that Eastman is in default of its Lease dated December 16, 1994. As of the date hereof Eastman's account reflects an arrearage in the amount of $12,650.02 representing proper charges through October, 1999. This letter will serve as fonnal notice of default pursuant to Article 20 of the Lease, Unless the outstanding balance is paid in full within thirty (30) days from the date of this letter, I have been instructed to commence appropriate legal action against Eastman for past due charges, possession and accelerated rent through the remamder of the lease term without further notice or delay. ~~- , -- "' "'!",- -', ) . ,SIRLlN GALLOGLY I;; LESSER, P. C. Eastman Kodak Company October 29, 1999 Page 2 of2 Please avoid the expense and inconvenience of litigation and execution by making immediate payment. ~~ PAL/dp Via Certified and Regular Mail cc: Brad Molotsky Eastman Kodak Company 150 Corporate Center Drive Camp Hill, PA 17011 Peter A. Lesser ~'.V' <<. C< ~~i!lI"'~'~ ~' lilll"'""'" ", , ~... 'rP ~ ~ :f:::. It.. ~ ~\J 6 . . &~ ...() ........ b' r () ~ ~ r~ ~ ~ ........ )-/( ).J ~~ Cf~ ....::......'- ~';.." .....- ~t~~ 12 z ~ (") ~f;~ ~, h o C} '-C" 08 "n ::;J 1:::1 hi'.71 '-:-;I-n ..;.; rJ ,'~--i 1. ~~~~ ~c'} "-:-'11 ~' ;; -< CO I --0 ..... ~ (J1 i5'i , . , lilliiIillIiiIII '1U~ilr~"-'Sl~' SIRLIN GALLOGLY & LESSER, P.C. By: Peter A. Lesser, Esquire Identification No.: 59433 1529 Walnut Street Suite 600 Philadelphia, PA 19102 (215) 864-9700 Attorney for Plaintiff ================================================================= BRANDYWINE OPERATING PARTNERSHIP, L.P., as successor in interest to First Commercial Development Company 14 Campus Boulevard Suite 100 Newtown Square, PA 19073 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No. 2000-577 EASTMAN KODAK COMPANY Corporate Real Estate Office 343 State Street Rochester, NY 14650-1265 ================================================================== ORDER TO DISCONTINUE AND END Kindly mark the above-captioned matter Discontinued and Ended upon payment of your costs only. f:/? PETER A LESSER, ESQUIRE Attorney for Plaintiff ..., Date: f, ; ~ /()-C) if'~ "'""~' 1lIiII""""'~ ""~" 1Iii"'-- o ~' 7 gJ~}i "/"',' e75 :c___ -< -'::~ :::: C~r ':-, - .:>'r-. ~~~ :2": -< ,~~, '.~-' C~ "1:= ":',::1 l"""") ,~ ~ ' '''-;i _.L,/ r-..) .