HomeMy WebLinkAbout08-4851JANET R. YOUNG and
DAVID L. YOUNG, d/b/a
THE DANET GROUP, LTD.,
Plaintiff
v.
COLISEUM ENTERTAINMENT
GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
IN CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT FOR POSSESSION
Pursuant to the authority contained in the warrant of attorney on page 13 of the
Sublease, a copy of which is attached to the Complaint filed in this action, I appear for
Defendant, Coliseum Entertainment Group, Inc., and confess judgment in ejectment in
favor of Plaintiff, Janet R. Young and David L. Young, d/b/a The DANET Group, Ltd., and
against Defendant for possession of the real property described as follows: 415 St.
John's Church Road, Suites 204 and 205, Camp Hill, PA 17011.
WIX, WENG~R 8,~(VEIDNER
Date: ~/ r'Z /off By:
Jeff~C.~~ark, I.D. # 89277
508 rth cond Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for DANET
JANET R. YOUNG and
DAVID L. YOUNG, d/b/a
THE DANET GROUP, LTD.,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
COLISEUM ENTERTAINMENT
GROUP, INC.,
Defendant
IN CONFESSION OF JUDGMENT
COMPLAINT IN CONFESSION OF JUDGMENT FOR POSSESSION
AND NOW, comes Plaintiff, Janet R. Young and David L. Young, d/b/a The DANET
Group, Ltd. ("DANET"), by and through its attorneys, Wix, Wenger & Weidner, and files
this Complaint in Confession of Judgment for Possession, stating as follows:
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DANET is a Pennsylvania limited partnership with a principal address at 282
Lowther Street, Suite 104, Lemoyne, Pennsylvania 17043.
Defendant, Coliseum Entertainment Group, Inc. ("Coliseum"), is a Pennsylvania
Corporation, with places of business at The Coliseum, 415 St. John's Church Road,
Suites 204 and 205, Camp Hill, PA 17011, and 410 St. John's Church Road, Camp
Hill, Pennsylvania, 17011.
DANET is the lessee of an office building located at 415 St. John's Church Road,
Camp Hill, Pennsylvania 17011 (the "Office Building").
On or about November 28, 2006, DANET and Coliseum executed a written
sublease (the "Sublease") for office space located in the Office Building with an
address of 415 St. John's Church Road, Camp Hill, Pennsylvania 17011 (the
"Premises"). A true and correct copy of the Sublease is attached hereto as Exhibit
"A" and is incorporated herein by reference as if fully set forth.
5. The Sublease was related to a business transaction between DANET and
Coliseum.
6. Coliseum took possession of the Premises on or about January 1, 2007, and
became obligated to pay rent beginning on January 1, 2007.
7. The Sublease term was for a period of five (5) years beginning January 1, 2007 and
ending December 31, 2011.
8. The Sublease has not been assigned.
9. Judgment for money on the Sublease is being entered contemporaneously in this
Court.
10. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
11. On information and belief, DANET avers that Coliseum is not a member of the
Armed Services.
12. Coliseum has directly and materially breached the terms and conditions of the
Sublease by failing to pay the rent and other amounts when due under the terms of
the Sublease. Beginning January 1, 2008, the base rent was $4,216.67 per month.
In addition, Defendant is responsible for additional rent per month for real estate
taxes, insurance, and Building Operating Costs, as defined by Article 10 of the
Sublease.
13. Coliseum has refused to perform Defendant's covenants under the Sublease,
despite written notice by DANET mailed May 9, 2008.
14. DANET has substantially performed all of its obligations under the Sublease.
15. By virtue of Coliseum's material breach of the Sublease, DANET is entitled to
judgment for ejectment.
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16. On information and belief, Coliseum has an annual income in excess of
$10,000.00.
17. Judgment is not being entered against a natural person in connection with a
residential lease.
WHEREFORE, DANET demands judgment in ejectment authorized in the warrant
appearing in the attached Sublease, and such other relief as this Court deems just and
appropriate.
WIX, WEN~ER~& V~/EIDNER
Date: $/ 12/o`d By;
J lark, I.D. # 89277
5 o Second Street
P. .Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for DANET
F:\daw\9756 -YOUNG, DAVID AND JANET\10217 -THE DANET GROUP, LTD\v Coliseum Entertainment Group, InclComplaint -
Confession of Judgment for Possession.doc
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EXHIBIT "A"
SUBL S~
THIS SUBLEASE {"Sublease', is made this nth day of N ve e ,
2006, by and between The DANET Group, Ltd., a Pennsylvania limited partnership,
having a place of business at 282 Lowther Street, Suite 104 Lemoyne, Pennsylvania
17043 ("Landlord") and Coliseum Entertainment Group, Inc. having a place of
business at .The Coliseum, 410 St. John's Church Road, Camp Hill, Hampden
Township, Cumberland County, PA 17011 ("Tenant").
Rec,,, itels:
R-1. Landlord is the lessee of a parcel of ground, together with the improvements
erected thereon, known and numbered as 415 St. John's Church Road, Camp
Hill, in the St. John's Center, Hampden Township, Cumberland County,
Pennsylvania, (the "P~operty").
R-2. Tenant desires to rent a portion of the approximately 13,465 square feet single-
story building erected on the Property (the "Building"), together with the
nonexclusive right to use parking, access drives and common areas (the
~.
"Demised Premises }from Landlord and Landlord has agreed to sublease the
Demised Premises to Tenant under and subject to the terms and conditions set
forth herein.
NOW THEREFORE, INTENDING TO BE LEGALLY BOUND, the parties hereto
agree and covenant as follows:
Article 1 -Demised Premises
In consideration of the rents and covenants set forth in this Sublease, Landlord
hereby subleases to Tenant the Demised Premises under the terms and conditions
stated herein. The Demised Premises shall be Suite numbers 204 8~ 205, which shall
include 400 square feet, more or less, located in the iuilding and shall also include,
without limitation, the nonexclusive right to use 18 parking spaces, and all driveway
easements and other common areas located on the Property, subjeck to such Rules and
Regulations as Landlord may reasonably establish from time to time, and certain
easements and rights of way existing on or for the benefit of, the Demised Premises or
the Property_ Landlord shall have the absolute right to make any changes to, or modify,
any plan of St. John's Center, and make any changes to the parking or other common
areas in St. John's Center, which Landlord, in its sole discretion may determine;
provided, however, no such changes will unreasonably intertere with Tenant's use of
the Demised Premises. Tenant acknowledges that prior to taking possession and
Tenant's occupancy thereof, Tenant will have inspected the Premises, will be familiar
with its condition and will accept the same "as is" and in its present condition.
Article 2 ~ Use and O ration
Tenant shall use and occupy the Demised Premises for an office/warehouse use
and for no other purpose. Tenant may change the use of the Demised Premises to a
use which is not incompatibl cable restrict onsawith the approval~of Landlord,nwhi h
prohibited by any then apple
approval shall not be unreasonably withheld.
Articl 3 -Term of Sublease
Term of Lease . ~~ The term "Term of this Lease" (sometimes herein called the
Term or Lease Term) means, inclusively, the Preliminary Tenn, if any, and the
Sublease Term and any extension, renewal or holdover of the Sublease Term which is
consented to in writing by Landlord.
Preliminary Term . The term "Preliminary Term", if any, means the period
beginning as of the date of this Lease and, unless sooner terminated as herein
provided, continuing thereafter through the day immediately prior to the Rent
Commencement Date, during which Tenant shall have limited rights of possession and
occupancy to prepare the Premises far Tenant, but shall not be entitled to full benefits
as a Tenant nor be obligated to pay rent therefor.
~~ ~~
Sublease Term . The term Sublease Term means the period beginning as of
the Rent Commencement Date and, subject to the terms and conditions of this Lease,
ending on the date set forth in the summary.
Expiration Date. The expiration date of this Sublease is hereinafter referred to
as the "Expiration Date." This Sublease Term shall include any extensions of same as
may be provided far herein.
Lease Year. The term "lease year" as used herein shall mean a period of twelve
(12) consecutive full calendar months. The First lease year shall commence on the
Commencement pate if the Commencement Date shall occur on the first day of a
calendar month; if not, then the first lease year shall commence on the first day of the
calendar month next following the Commencement Date and the first lease year shall
include the additional days from the Commencement Date through the first day of the
first lease year. Each succeeding lease year shall commence upon the anniversary
date of the first lease year.
Article 4 ~~ Rent and Late Payment Charge
Tenant's Agreement to Pay Rent . Tenant hereby agrees to pay for the use
and occupancy of the Premises during the Lease Term, at the times and in the manner
herein provided, the Rent and Additional Rent specified herein.
Rent Commencement Date As used in this lease, the term "Rent
Commencement Date" shall mean:
(i) the date which is January 1, 2007 following the date Landlord
delivers possession of the Premises to Tenant.
Rent shall be payable at the following rent schedule:
Lease Year Annual Rent Monthly Rent
01 /01 /07-12/31 /O7 $46,200.00 $3,850.00
01 /01 /08-12/31 /08 $50,600.00 $4, 216.67
01/01!09-12/31/09 $50,600.00 $4,216.67
01I01/10~12/31/10 $52,800.00 $4,400.00
01 /01111-12!31/11 $52,800.00 $4,400.00
Rent shall be due and payable in monthly installments, on or before the first day
of each month.
Rent for any partial month in the first lease year shall be prorated on a daily basis
and paid prior to Tenant's occupancy of the Demised Premises..
At the time of signing this Sublease, Tenant shall pay to Landlord the security
.. deposit equal to one (1) month's rent plus Tenant's first month's rent or Seven
Thousand Seven Hundred Dollars and no/cents {$7,700.40).
Article 5 ^ Additional Rent
Tenant shall pay as additional rent any money required to be paid pursuant to
Tenant's monetary obligations hereunder, including but not limited to real estate taxes,
insurance and Building Operating Costs as further defined herein, whether or not the
same be designated "additional rent." If such amounts or charges are not paid at the
times provided in the Sublease, they shall nevertheless, if not paid when due, be
collectible as additional rent with the next installment of rent due hereunder. All
obligations hereunder shall survive the #ermination or expiration of the term of this
Sublease.
Article 6 -Interest
Wherever in this Sublease there is a provision that Tenant shall be liable for any
sum to Landivrd, together with interest thereon, or whenever Tenant shall fail to pay any
sum when due, such sum shall bear interest until paid at a rate equal to nine percent
(9%) per annum, from the date said payment was due (i.e., following notice and
opportunity to cure as set forth in herein) until payment in full is made.
Artie 7 -Initial Cons ruct'on and Subse u t teratio
Landlord Alterations. Notwithstanding anything set forth in this Sublease to the
contrary, Landlord reserves the right any tiomeits ~lfeand fiany owneg or own rseof the
construction thereof, one or more times, f
Building, to.
Build additional building(s), parking facilities and other improvements and
to change the location or character of or reconfigure all building(s),
improvements and parking fiacilities.
2. Make alterations, expansions or additions to the Building and common
areas and/or to build an additional story or stories on the building(s).
3. Add additional entrances and exits from the building(s).
4. Provide for additional landscaping.
5. Add or change signs to the buildings} and/or facilities surrounding the
building(s).
6. Make changes required by state, federal or Ivcal authorities.
7. Make changes which upgrade or enhance the appearance of the
building(s) or other improvements.
Tenant Alterations. Tenant shall not make any alteration, addifion, repair or
improvement to the Demised Premises, except as otherwise permitted herein, without
the prior written approval of Landlord, which shall not be unreasonably withheld. Any
equipment, machinery, or utilities required by Tenant in addition to those provided by
Landlord shall be installed with the prior written approval of Landlord, which shall not be
unreasonably withheld. All. such alterations, additions, repairs, improvements and
installations, if permitted, shall be at the sole cost and expense of Tenant. At the end of
the term of this Sublease, ifi requested by Landlord, Tenant shall, at its cost, remove all
alterations and improvements that Tenant made to the Demised Premises and restore
the Demised Premises to the condition it was in at the time Tenant took possession of it,
ordinary wear and tear excepted.
Article 8 -~ Renewal
Provided Tenant is not in default and has not, during the Term, materially
defaulked in the pertormance ofi its obligations pursuant to this Sublease, Tenant shall
have the right to extend the term of this Sublease for an additional option of one (1)
three (3) year term, by providing to Landlord written notice of Tenant's election six (6)
months in advance of the Expiration Date. If Tenant provides such native, then the
Term of the Sublease shall be extended for three (3) years at a rate negotiated prior to
the additional term, subject to all other terms and provisions hereof. ff Tenant does not
exercise its renewal option, Tenant is required to give written notice six (6) month's in
advance of the Expiration Date that Tenant will be vacating the Premises.
Article 9 -- Taxes and Assessments
Landlord's Responsibility. Subject to reimbursement as hereinafter provided,
Landlord shall be responsible for the paymerrt of all general and special taxes and
"~ assessments levied on the Building and all improvements constructed thereon,
'including common areas located thereon, all assessments for local improvements,
water and sewer rents not based on consumption, and all impositions nonrecurring as
we11 as recurring, special or extraordinary, foreseen and unforeseen, and any new taxes
which may be levied or assessed on Landlord or the building based upon gross rentals
in lieu of or in addition to the current real property taxes (for the purposes of determining
such new tax and other taxes resulting from the alteration of the methods of taxation,
the Building shall be deemed to be Landlord's sole property), and other governmental
charges which may be IawFully charged, assessed, or imposed upon the real property
and improvements now or hereafter constructed thereon and upon the common area,
hereafter collectively referred to as "real estate taxes." However, if authorities having
jurisdiction assess real estate taxes which Landlord deems excess, Landlord may defer
compliance therewith to the extent permitted by the state laws. Landlord may in good
faith contest all real estate tax.assessments.
Tenant's Additional Rent/Pro Rata Share Defined. Tenant shall pay during each
lease year during the Sublease Term, as additional rent, its pro rata share, as hereafter
defined, of all of the above described real estate taxes. The term "pro rata" when
utilized with respect to Tenant's share of any monetary obligations hereunder shall be
-~ computed by mukiplying the total amount of such obligation by fraction, the numerator
of which shall be the square footage of the Demised Premises and the denominator of
which sha11 be the total leasable square footage of improvements constructed on the
Building.
Tenant's Payment of Taxes and Assessments. Wifihin ten (10) days after
demand or notice by Landlord, Tenant shall pay its pro rata share of the taxes and
assessments, as defined above. With its demand or notice, Landlord shall provide
Tenant an accounting of the total taxes and assessments and Tenant's pro rata share
for the period.
Article 10 - Buildin O erati Costs
Building Operating Costs Defined. °Building Operating Costs" as used herein,
shall mean any and all costs and expenses of any kind or nature incurred by Landlord in
operating, repairing and maintaining the Building, all common areas thereof, and/or
other areas of St. John's Center that serve the Building and/or the Demised Premises,
all of which, in Landlord's sole discretion are reasonable and appropriate for the best
interest of the Building, Demised Premises, and St. John's Center. Building Operating
~~ Costs shall specifically include, but are not limited to: management fees, insurance
premiums for Landlord's various insurance coverages, casts and expenses of repairing
and replacing paved areas, curbs, and walkways; costs and expenses for landscaping
and lighting the common areas and other areas of St. John's Center that serve the
Building and/or the Demised Premises; all costs of labor Landlord incurs related to the
Building; and all legal fees and costs or expenses Landlord incurs related to the
Building; sprinkler maintenance costs; costs for repair and replacements and costs of
service contracts for the heating, ventilation and air~conditioning systems depreciation
expenses related to the Building and all components thereof. The term "Building
Operating Costs shall not include the fallowing, which is an exhaustive list: costs of
work performed exclusively for any other tenant in the Building other than work of a kind
and scope which Landlord would be obligated to provide to all tenants; leasing
commissions and other expenses attributable solely to leasing of space in the Building;
costs of repairs or rebuilding necessitated by condemnation; or costs of capital
improvements except as provided above.
In addition to Building Operating Costs, Tenant shall be responsible to pay to
Landlord upon demand any and all increases in the Building Operating Costs that are
the result of Tenant's excess use (over the average use of the other tenants) of the
Demised Premises or Building.
` Teat's Pro R to S e of uildin 0 ratin Co s. During each lease year of
the Sublease Term, including the first lease year, Tenant shall pay Landlord, as
additional rent, its pro rata share of Building Operating Costs.
PI ce and Manner o Pa ment of Ten is Pro Ra of u Idin O i
os Within ten (10) days after demand or notice by Landlord, which Landlord
anticipates will be monthly, Tenant shall pay its pro rata share of Building Operating
Costs. With its demand or notice, Landlord shall provide Tenant an accounting of the
total Building Operating Costs and Tenant's pro rata share for the period.
Article 11 - Uti ities
Landlord shall not be liable to Tenant for the failure of any utility services to the
Demised Premises.
Tenant shall promptly pay all bills fvr telephone services,. gas, electricity, fuel, oil,
water, sewer and similar utilities, as they become due, consumed on or applicable to the
Demised Premises,
Article 12 -Damage by Fire or Other Casualty
otice. Tenant shall give immediate written notice to Landlord of any damage
caused to the Demised Premises by fire or other casualty.
Partial Damaae. In the event that during the term hereof the Demised Premises
shall be partially damage (as distinguished from "substantially damaged" as that term is
hereinafter defined) by fire or other casual ualLandro eed tol commence hepair~ of such
days afker the date of such fire or other cas ty, p
damage and restore the Demised Premises to substantially its condition at the time of
such damage subject to zoning laws and building codes then in existence. Landlard
shall complete such repairs subject to any delay which mey result from any cause
beyond Landlord's reasonable control. Tenant agrees that, promptly after completion of
such work by Landlord, it will proceed with reasonable diligence at its sole cost and
expense to restore its fixtures, equipm ublease shal%ontinue in full rforce and effect
Demised Premises for reopening. This S
during any such period of repair and restoration.
Substantial Dam~e_• In the event that during the term hereof the Demised
Premises or Building shall be substantially damaged or destroyed by fire or other
casualty, Landlord shall have the right, to be exercised by written notice to such effect
delivered to Tenant within sixty (60) days after the occurrence of such event, to
terminate this Sublease. 1f Landlord fails to timely give such notice of its election to
terminate, this Sublease shall, except as herei 6p eaa ro after the datenofusuch~re or
effect, and Landlord shall, not later than sixty .( ) y
other casualty, proceed to commence repair or rebuilding of the Demised Premises (or
if the damage relates to other portions of the Building, such portions thereof as Landlord
reasonably determines are necessary to be repaired) to substantially restore their
condition to that condition at the time of such damage or destruction subject to zoning
laws and building codes then in existence, but Landlord shall not be responsible for any
delay which may result from any cause beyond Landlord's reasonable control. Tenant
shall res#ore pursuant to the above paragraph. This Sublease shall continue in ful(force
and effect during any such period of repair and restoration.
A atement. Tenant agrees that during any period of reconstruction or repair of
the Demised Premises, it will continue the operation of its business within the Demised
Premises to the extent practicable. During the period from the occurrence of the
casualty until Landlord's repairs are completed, the Minimum Rent shall be reduced to
such extent as may be fair and reasonable under the circumstance. If the Demised
Premises are untenantable during such period of repair or restoration, Tenant's
Minimum Rent shall abate in its entirety during such period.
Definition of Subs#antial Dama4e. The term "substantial damages shall mean
forty (40%) percent yr more of damage to the Demised Premises.
Article 13 -- Liabili Insurance a d Indem ifica i
Throughout the term of this Sublease, Tenant shall obtain, maintain and pay for
customary policies of comprehensive general liability insurance covering the Property,
including the Building and the business operated by Tenant in and from the Demised
Premises in form and with insurers reasonably satisfactory to Landlord in amounts
reasonably required by Landlord, from time to time, but not less than One Million
(1,000,000.00) Dollars with respect to death or personal injury to any one (1) person,
and Three Million (3,000,000.00) Dollars arising out of any one (1) occurrence.
All insurance policies required d'sbLessor,~Land or 'semortgagees,hif anyleand
shall protect both Landlord, I~andlor
Tenant, as their respective interests may appear. Certificates of such insurance shall
be delivered to Landlord concurrently with the execution of this Sublease. If requested
to do so, tenant shall also provide Landlord with copies of the pertinent portions ofi all
such policies and shall also .permit La meoshall contain anhagreemen tbycthe insu er
policy and certificate evidencing the sa
that such policy shall not ~be canceled or modified without ten (10) days written notice to
Landlord and that no act or omission of Tenant shall invalidate the interest of Landlord
under such insurance. If Tenant fails to obtain and maintain any such insurance or to
deliver any of the certificates as required in' this Sublease, Landlord may, in addition to
any other remedy under this Sublease, and following written notice to Tenant and
Tenant's failure to cure within five (5) days, procure such insurance at the expense of
Tenant. Such cost shall be payable by Tenant to landlord upon demand, together with
interest until paid in full.
During the term of this Sublease, Tenant hereby agrees to defend, indemnify and
hold Landlord harmless against and from any and all uninsured liability, claims of
liability, costs, expenses, claims and demands arising out of any breach of this
Sublease by Tenant or the negligent acts or omissions of Tenant, Its officers and
employees, and resulting in the loss or damage to properly or for injury to or death of
any person while in, upon, about or traveling from the Property.
Article 14 -- Assignment Subletting and Additional Tenants
Tenant may nat, during the term of this Sublease, assign, mortgage or pledge
this Sublease or underlet, sublease, or assign the Demised Premises, or any part
thereof, to any other person, firm, or corporation without first obtaining the written
consent of Landlord, which written consent shall not be unreasonably withheld.
The interest of the Landlord herein may be assigned with concurrent notice to
Tenant. In the case of any such assignment, Landlord shall advise the Tenant of the
name or names of the assignee(s), and Landlord shall have no liability hereunder from
and after the effective date of such assignment, except for obligations which may have
accrued prior to the efFective date of such assignment.
In the event tha# Landlord leases additional space in the Building during the term
of this Sublease, all amounts paid by Tenant for taxes, maintenance, insurance and
other items related to areas of the Property outside of the Demised Premises shall be
shared pro rata among all of the tenants of the Building based on the area leased by
each tenant in the Building.
Article 15 -- andlord' Ri to ure Tena s Defau s
If Tenant fails to do anything required of Tenant by the provisions of this
Sublease, or if Tenant shall in any other respect fail to perform any other covenant or
agreement in this Sublease for ten (10) days after notice by Landlord (unless the nature
of such event requires more than ten (10) days to cure, in which event, provided Tenant
begins to cure the default within such time period and thereafter diligently pursues such
cure, Tenant shall have ehalf of and at thedreasonable expense of Tenant,dand sha I
cure such defaults, on b
have a right of entry into the Demised Premises for such purposes. Landlord may
further do all necessary work and make all necessary payments in connection therewith
and Tenant shall agree to pay Landlord any amount due Landlord together with interest
due thereon. All sums tv be charged by Landlord hereunder shall be indebtedness of
Tenant to landlord and shall become immediately due and payable to Landlord.
Article 16 -- Re a' d Ma' tenance
La d ord. Subject to reimbursement as provided in Article 10 above, Landlord
agrees to keep in good order, condition, and repair the exterior, foundations, and
structural portions of the building of which the Demised Premises is a part (except
doors, glass, and glass windows), including heating and ventilation systems, air
conditioning, gutter, downspouts, and all services, pipes, lines, and mains leading to
and from the Demised Premises, and to perform all roof repairs and replacements as
the same may be required, from timb to time. Notwithstanding the foregoing, Landlord
shall not be responsible for repair of any damage to the aforesaid caused by any acts or
negligence of Tenant, its employees, agents, licensees, or contractors. Landlord shall
nvt be responsible for making any plumbing, electrical, or mechanical repairs or
replacements or other repairs of any kind upon the Demised Premises except as may
be expressly set out in this Sublease.
By Tenant. Tenant agrees from and after the date that possession of the
Demised Premises is delivered to Tenant, and until the end of the Sublease Term that
will be responsible for any and all repairs, maintenance, and replacements to the
Demised Premises other than those specifically required to by performed by the
Landlord as stated above. Tenant shall not, however, be responsible for repair of any
damage caused by any act or negligence of Landlord, its employees, contractors, or
agents. Tenant shall not be required to make structural repairs or alterations which may
be required by governmental rules, orders, or regulations or insurance companies
unless resulting from the business operations maintained by Tenant in the Demised
Premises. All such work, repairs, maintenance and replacements shall be performed by
Tenant in a good and workmanlike manner in compliance with all applicable laws,
codes, and regulations and subject to such reasonable requirements as Landlord may
impose. Landlord shall have the right to post the Demised Premises with a notice of a
non liability in connection with any such work performed by or on behalf of Tenant.
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Landlord shall acquire and moain~idnaa co d~itonmgtsystems. tLandlord shad//
maintenance of the heating, ventilat n
make all repairs required for the heating, ventilation and air conditioning system.
Tenant shall reimburse Landlord its pro rata share of the costs of said maintenance
contract and repair and replacement as set forth above in Article 10. Tenant shall
acquire and maintain a service contract for any ventilation hood and related ducts it may
install throughout the Sublease Term.
` The plumbing facilities shall not be used for any other purpose 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 resul#ing from a violation of this
provision shall be born of Tenant.
In the event that any governmental regulations from time to time require
emergency lighting to be dnstallrovidin t of battery powers shall be the esplonsibilitynof
maintenance of same, mclu ng p 9
Tenant.
If Tenant refuses or neglects to repair property as required hereunder and to the
reasonable satisfaction of landlord, Landlord may make such repairs without liability to
Tenant fvr any Ions or damage that may accrue to Tenant's merchandise, equipment,
fixtures or other property or to Tenant's business by reason thereof, and Tenant shall
pay Landlord's cost for making such repairs plus ten (10%) percent overhead, as
additional rent. If Landlord fails to repair or replace any items listed as Landlord's
responsibility as set forth in this Sublease within thirty (30) days yr commence tv repair
or replace within thinly (30) days, Tenant may cause such repairs to be made and
Landlord shall reimburse Tenant for said repairs. Tenant must first notify Landlord in
writing of the need of repair and/or replacement. In the event repairs and/or
replacement cannot be completed within thirty (30) days, then Landlord shall use its
best efforts in completing such repair and/vr replacement in a reasonable amount of
time.
Article 17 --Alterations
Tenant may not make material alterations and improvements to any portion of
the Building or the Property, without Landlord's prior written consent.
Tenant shall nvt permit any mechanic's or other lien or claim for lien or notice in
respect thereto to be filed against the Properly or the Building or any fixtures, equipment
or furnishings contained therein. If any such lien or claim is made or filed, Tenant shall,
within ten (10) days after notice of the filing therefor, cause such lien, notice or claim for
lien to be effectively removed and discharged of record.
Article 18 - Surrender of Demised Premises
At the expiration of or sooner termination of the term of this Sublease, Tenant
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shall peaceably surrender the Demised Premises in the same condition as was required
hereby to be kept by Tenant, excepting normal wear and tear and insured damages or
casualty, and any alterations and/or improvements permitted by this Sublease with
Landlord's consent. At such time, Tenant shall surrender all keys for the Demised
Premises to Landlord at the place then fixed fvr payment of rent.
article 19 ~-Waste or Nuisance
Tenant shall not commit or allow to be committed any waste upon the Demised
Premises. Tenant shall not commit or allow to be committed any nuisance or other ack
which may disturb any people or businesses in the area of the Demised Premises.
Article 20 -- Government I Re ulations
Tenant shall, at Tenant's cost, promptly comply with and strictly observe all
requirements of all federal, state and local governmental authorities having jurisdiction
over the Demised Premises or the use and occupancy thereof.
Article 21 -- Ac ss of La dlord
Landlord or its designee(s) may enter the Demised Premises during reasonable
times, from time to time, for the purpose of examining or exhibiting the same or to make
necessary repairs thereto. In the event of an emergency, in Landlord's sole
determination, Landlord may enter the Demised Premises at any time without notice or
liability.
Article 22 ^ Default by Tenant and Landlord's Remedies
events of Default. The following shall be considered Events of Default:
(1} Failure of Tenant to pay when due any installment of rent or any other
sum payable to Landlord under this Sublease which failure shall continue
unremedied by Tenant for a period of five (5) days after written notice has
been given to Tenant by Landlord.
(2) Failure to perform any term, covenant, or condition of this Sublease or
violation or breach thereof by Tenant which failure, violation, or breach
shall continue unremedied by Tenant for a period of ten (10) days after
written notice has been given to Tenant by Landlord; provided, however,
that if the nature of such event reasonably requires more than ten (10)
days to cure, and if Tenant begins to cure the default within such ten (10)
day period and thereafter diligently pursues such cure then Tenant shall
have a reasonable period of time in which to cure.
(3) The insolvency of Tenant or the making of an assignment for the benefit of
creditors, or the filing by Tenant of a petition in bankruptcy or a bill in
equity or other proceedings for the appointment of a receiver for Tenant,
11
or the filing against Tenant of such petition or bill or the institution by
Tenant of proceedings for reorganization for the composition or
arrangem®nt with creditors under any state or federal law, or an
assignment of this Sublease by operation of law, or the sale or levy upon
the real or personal property of Tenant by any sheriff, marshal or
constable or other authorized officer.
Lan lord's Remedies. Upon the occurrence of an Event of pefault by Tenant, in
addition to all other rights or remedies that Landlord may have under this Sublease or at
law or in equity, Tenant covenants and agrees that Landlord shall have the following
rights:
(1) To accelerate and declare immediately due and payable, and Tenant shall
then pay, the whole or any part of the rent for the entire unexpired balance
of the term of this Sublease, if any, as well as all other charges, payments,
costs and expenses herein agreed to be paid by Tenant.
(2) To terminate this Sublease and the term hereby created without any right
on the part of Tenant to waive the forfeiture by payment of any sum due or
by other performance of any condition, term or covenant broken,
whereupon Landlord shall be entitled to recover, in addition to any and all
sums and damages for violation of Tenant's obligations hereunder in
existence at the time of such termination, damages for Tenant's default in
an amount equal to the amount of rent reserved for the balance of the
term of this Sublease, as well as all other charges, payments, costs and
expenses herein agreed to be paid by Tenant, and all expenses herein
agreed to be paid by Tenant.
(3) Upon recovering possession of the Demised Premises by reason of or
based upon or arising out of a default on the part of Tenant, Landlord may,
at Landlord's option, either terminate this Sublease or make such
alterations and repairs as may be necessary in order to relet andfor
operate the Demised Premises or any part or parts thereof for a term or
terms which may at Landlord's option be less than or exceed the period
which would otherwise have constituted the balance of the term of this
Sublease to such person or persons as may in Landlord's discretion seem
best; upon each such reletting, all rents received by Landlord from such
reletting shall be applied: first, to the payment of any costs and expenses
of such reletting, including brokerage fees and attorney's fees and all
costs of such alterations and repairs; second, to the payment of rent and
Additional Rent due and unpaid hereunder; and third, to the payment of
any other indebtedness of Tenant to Landlord; and the residue, if any,
shall be held by Landlord and applied in payment of future rent as it may
become due and payable hereunder. If such rentals received from such
reletting during any month shall be less than that to be paid during that
month by Tenant hereunder, Tenant shall pay any such defciency to
7.2
Landlord. Such deficiency shall be calculated and paid monthly. No such
reentry or taking possession of the Demised Premises or the making of
alterations andlor improvements thereto or the reletting thereof shall be
construed as an election on the part of Landlord to terminate this
Sublease unless written notice of such intention be given to Tenant.
Landlord shall in no event be liable in any way whatsoev®r for failure to
relet the pemised Premises or, in the event that the Demised Premises or
any part or parts thereof are relet, for failure to collect the rent thereof
under such reletting.
(4) Upon the occurrence of an event of default, Landlord shall, in addition to
any other remedies provided herein or at law, have the right to confess
judgment against Tenant for any amount due hereunder, including, without
limitation, Landlord's costs, expenses and reasonable attorn®ys' fees.
FOR SUCH PURPOSES TENANT HEREBY IRREVOCABLY
AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE
PROTHONOTARY OR CLERK OF ANY COURT IN THE
COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO
APPEAR AT ANY TIME FOR TENANT IN ANY ACTION BROUGHT
AGAINST TENANT UNDER THIS SUBLEASE, WITH OR WITHOUT
DECLARATION FILED, AS OF ANY TERM, AND THEREIN TO
CONFESS OR ENTER JUDGMENT AGAINST TENANT FOR ANY AND
ALL AMOUNTS DUE UNDER THIS SUBLEASE, INCLUDING,
WITHOUT LIMITATION, OTHER SUMS PAID BY LANDLORD ON
BEHALF OF TENANT, PURSUANT TO THE TERMS OF THE
SUBLEASE, AND ALL INTEREST THEREON, TOGETHER WITH
GOSTS OF SUIT, ATTORNEY'S COMMISSION OF TEN (10%)
PERCENT FOR COLLECTION; AND FOR SO DOING, THIS SUBLEASE
OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A
SUFFICIENT WARRANT.
(5) To, with or without termination of this Sublease, enter an amicable
judgment against Tenant for immediate possession of the Demised
Premises. FOR SUCH PURPOSE, TENANT HEREBY IRREVOCABLY
AUTHORIZES ANY ATTORNEY OF ANY COURT OF RECORD TO
APPEAR FOR TENANT TO SIGN AN AGREEMENT FOR ENTERING
AN AMICABLE ACTION OF POSSESSION FOR POSSESSION OF THE
DEMISED PREMISES AND TO CONFESS JUDGMENT THEREIN
AGAINST TENANT IN FAVOR OF LANDLORD FOR SUCH
POSSESSION, WHEREUPON A WRIT MAY FORTHWITH ISSUE FOR
THE IMMEDIATE POSSESSION OF THE DEMISED PREMISES,
WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER; AND
FOR SO DOING, THIS SUBLEASE OR A COPY HEREOF VERIFIED BY
AFFIDAVIT SHALL BE A SUFFICIENT WARRANT.
(6) All of the rights and remedies of Landlord herein set forth shall be
13
cumulative, subject to a single recovery from Tenant of the rental and
other amounts due and payable hereunder, including, accelerated
amounts pursuant to the terms contained herein, and Landlord may
exercise any one or all of them as Landlord may chose, together with
every other right or remedy or now or hereafter existing at law or in equity
or by statute.
(7) In the event Landlord exercises its rights for recovery of possession of the
Demised Premises, for the recovery of rent or for any other amount due
under the provisions of this Sublease, or because of any default by
Tenant, Tenant shall pay fio landlord all reasonable expenses incurred
therefor, including reasonable attorney's fees.
A icle 23 -- S bordinatio
(a) Subject to the terms hereinafter set forth, this Sublease and the estate hereby
demised shall be and remain junior to any and all mortgages on the Demised Premises
or any park thereof of which the Demised Premises constitute a part whether placed
thereon prior to, contemporaneously with or after this Sublease is executed by the
parties; provided, however, that:
(1) So long as Tenant continues to pay the rent and otherwise complies with
the terms and provision hereof:
(i) The right of possession of Tenant to the Demised Premises and the
provisions and terms of this Sublease otherwise shall not be affected
or disturbed.
(ii) In the event that the mortgagee comes into possession of or
ownership of the title to the Demised Premises by foreclosure of said
mortgage, yr by proceedings on the bend secured thereby, or
otherwise, this Sublease shall continue in effect and shall not be
terminated by any of said proceedings.
(2} to the event that the Demised Premises are sold or otherwise disposed of
pursuant to any right or any power contained in the said mortgage or the
said bond, or as a result of proceedings thereon, the purchaser of the
Demised Premises, or any person acquiring title through or by virtue of
said sale, shall become liable to perform all of the obligations of Landlord
under this Sublease.
(3) This Sublease shall be binding upon an inure to the benefiit of mortgagee,
owner and Tenant, and their respective heirs, executors, administrators,
successors and assigns, except as otherwise expressly provided herein.
(4) The foregoing provisions shall be self~operative, but Landlord agrees to
~4
secure the mortgagee's written confirmation thereof, as reasonably
requested by Tenant.
(b) Offset $ta~ment. Within ten (10) days after request therefor by Landlord
or any mortgagee, an offset statement shall be required from Tenant, Tenant agrees to
deliver, in recordable form, a statement in writing to any proposed mortgagee or
purchaser or lender, certifying (if or to the extent that such be the case) that this
Sublease is unmodified and in full force and effect, that Tenant has accepted the
Demised Premises and is in possession thereof, that Tenant has commenced the
payment of rent, that Landlord is not in default under this Sublease and that there are
no deficiencies or offsets to the Sublease claimed by Tenant.
(c) Failure of Compliance. If Tenant shall fail to comply with any terms of this
Paragraph, or to execute any statement or agreement herein required within fifteen (15)
days after written request from landlord, Landlord may terminate this Sublease by
written notice to Tenant, whereupon the term shall expire as though the date of such
notice were the date herein set forth for the expiration of the term hereof.
Article 2~4 -- E in nt Domain
(a) Condemnation of the Demised Premises. If a material portion of the
Demised Premises is taken pursuant to governmental authority or by the exercise of the
right of eminent domain or by agreement between the Landlord and those authorized to
exercise such right (all such procedures being collectively referred to herein as "a taking
~~
in condemnation ), the obligations of the Tenant accruing subsequent to such taking in
condemnation shall cease and determine absolutely, and the Tenant shall surrender
possession of the Demised Premises to landlord as of the date title vests in the
condemnor.
(b) Condemnation Awards. In the event of taking in condemnation of the
Demised Premises, whether partial or total, or in the event that either parry elects as
above provided to treat a taking in condemnation as a taking of the entire Demised
Premises:
(1) Tenant hereby waives all claims against Landlord in connection with such taking,
and hereby assigns to landlord all claims for loss of Tenant's leasehold estate.
(2) Tenant shall make no claim against the condemnor for the value of Tenant's
leasehold estate.
(3) Notwithstanding the foregoing, Tenant shall be entitled to the extent applicable
law permits to claim against the condemnor for removal expense, business relocation
damage, moving expenses and delay compensation, if any, provided that such claim
shall not reduce any award to landlord.
,~
Article 25 -Hazardous Materials
Tenant covenants and agrees that it shall not introduce, release, store,
disburse or discharge any Hazardous Materials onto the Demised Premises. Tenant
shall not cause or permit any Hazardous Materials to be used, stored, generated or
disposed of on the Demised Premises except for those Hazardous Materials which may
lawfully be used by Tenant in the operation of its business on the Demised Premises
and then only to the extent that Tenant complies with all Environmental Laws (as
hereinafter defined) and no Environmental Laws are violated in doing so. Tenant further
covenants and agrees that it shall indemnifjr, defend and hold harmless Landlord, its
employees, agents, officers and directors, from and against any claims, demands,
penalties, fines, liabilities, settlements, damages, costs or expenses of whatever kind or
nature, including reasonable attorney's fees, arising out of or in any way related to the
following matters: (i) the introduction by Tenant, its agents, employees, contractors,
suppliers or subcontractors, of any Hazardous Materials or other polluting substance, to
the Building, the Demised Premises or the Property or the soil, water, vegetation,
buildings, personal property, persons or animals thereon; (ii) any personal injury
(including wrongful death) or property damage (real or personal) arising out of or related
to the introduction by Tenant, its agents, employees, contractors, suppliers or
subcontractors of any Hazardous Materials to the Building, Demised Premises or the
Prop®rty; (iii) any lawsuit brought ar threatened, settlement reached or governmental
action relating to the introduction by Tenant, its agents, employees, contractors,
suppliers or subcontractors of any Hazardous Materials to the Building, Demised
Premises or the Property; (iv) the violation of any laws, orders, regulations,
requirements or demands of government authorities which are based upon or in any
way related to the introduction by Tenant, its agents, employees, contractors, suppliers
or subcontractors of any Hazardous Materials to the Building, Demised Premises or the
Property; and/or (v) any loss or injury to, or interruption of, the business of Landlord or
other tenants of the Building arising out of or related to the introduction by Tenant, its'
agents, employees, contractors, suppliers or subcontractors of any Hazardous Materials
to the Building, Demised Pn:mises or Property. For the purposes of this Sublease,
"Hazardous Materials" shall include, without limitation, asbestos or asbestos containing
materials, polychlorinated biphynals, petroleum projects, any flammable explosives,
radioactive material, hazardous waste, hazardous or toxic substances or related
materials defined in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, ~ as amended (A~2 U.S.C. § 9601, gt. s®g.), the Resource
Conservation and Recovery Act, as amended (42 U.S.C. a 6901, fit. gq.), the Toxic
Substances Control Act, as amended (15 U.S.C. § 2601, et. sec,.), if any, the Solid
Waste Management Act adopted by the legislature of the state in which the Shopping
Center is located, and the regulations adopted and publications promulgated pursuant
thereto or any other federal, state or local governmental law, ordinance, rule or
regulation which may define a hazardous substance (the "Environmental Laws").
Landlord warrants and represents to Tenant that to .the actual knowledge of
Landlord without any independent investigation, (i) no release, leak, discharge, spill,
storage, disposal or emission of Haaardous Materials in violation of Environmental Laws
16
has occurred on the Demised Premises, but Landlord will be responsible for
remediating any such discharge or event which is not Tenant's responsibitlty pursuant to
the immediately preceding paragraph (ii) there are no underground storage tanks on the
Demised Premises in violation of Environmental Laws, (iii) Landlord has received no
notice of any violation of Environmental Laws from any Govemmental Authority (as
hereinafter defined) concerning the Demised Premises. Notwithstanding the foregoing,
Landlord and Tenant acknowledge that the Demised Premises was previously used as
vacant newly constructed space and Tenant is conducting its own due diligence with
regard to environmental matters.
Landlord shall not cause and shall use reasonable efforts to not permit any
Hazardous Materials to be used, stored, generated or disposed on, in or under the
Building, the Demised Premises or the Property except for those Hazardous Materials
which may IawFully be used in the ordinary course of business in the Building and on the
Properly and then only to the extent that no Environmental Laws are violated in so
doing.
As used herein "Governmental Authority" shall mean all federal, state, county,
municipal and local departments, commissions, boards, bureaus, agencies and offices
thereof having or claiming jurisdiction over all or any part of the Demised Premises.
Each party ("Indemnifying Party") shall indemnify and save the other party
("lndemnified Party") harmless from any and all damages, costs and losses suffered by
Indemnified Party, including court costs, reasonable attorneys' fees and consultants'
fees, arising during or after the term and reasonably incurred or suffered by the
Indemnified Part as a result of any default or breach of any representation, warranty or
covenant made by Indemnifying Party under this Article. It is a condition of this
indemnification and save harmless that the Indemnifying Party shall receive notice of
any such claim against the Indemnified Party promptly after Indemnified Party first has
knowledge thereof. This indemnification and save harmless includes any and -all costs
reasonably incurred by the Indemnified Party after notice to Indemnifying Party for any
cleanup, removal or restoration mandated by any public official acting lawfully under a
federal, state or local Law if Indemnifying Party shall not timely perform such work.
Article 26 -- Holdino Over
Any holdover after the expiry#ion of the term of this Sublease shall, at the
Landlord's option upon notice to the Tenant, be construed to be a tenancy #rom month-
to-month, at the rent or other payments herein specified and shall otherwise be subject
to the conditions, covenants, and agreements of this Sublease. If Tenant holds over
after the termination of this Sublease and Landlord has notified Tenant in writing that
such holding over shall not be permitted, then Tenant shall pay as liquidated damages
acid not as a penalty an amount equal to one hundred fifty (150%) percent of the
monthly rent in effect for the last month of the Tenant's lawful occupancy pro-rated for
the period in which the holdover continues. The acceptance of such amount by
Landlord shall be without prejudice to any ether rights or remedies of Landlord at law or
17
equity under this Sublease.
Article 27 --Waiver
No delay or omission in the exercise of any right or remedy of either party on any
default by the other party or otherwise shall impair such right or remedy or be construed
as a waiver. The receipt and acceptance of rent by Landlord of any rent payment shall
not constitute a waiver of any default; it shall constitute only a waiver of timely payment
for the particular rent payment involved.
Any waiver by a party of any default must be in writing and shall no# be a waiver
of any other default concerning the same or any other provision of this Sublease.
Article 28 -- No i s
a. All notices or demands required or permitted to be given or served under
this Sublease shall be deemed to have been given or served only if in writing forwarded
by registered or certified mail, postage prepaid, return receipt requested, and addressed
to the parties at the addresses first written above.
b. Such address may be changed by either party by notice delivered as
above provided to the other party.
rti e 9 -- a tions
The captions, section numbers and paragraph headings appearing in this
Sublease are inserted only for the convenience of the parties and shall not in any way
affect the meaning or intent of any portion of this Sublease.
Article 30 -- Partial Invalidity and Construction
The sections of this Sublease are intended to be severable. If any section or
provision of this Sublease shall be held tv be unenforceable by any court of competent
jurisdiction, the Sublease shall be construed as though such section or provision had
nvt been included. If any section or provision of this Sublease shall be subject to
constructions, one of which would render such section or provision invalid, then such
section shall be given the construction which would render t# valid.
Article 31 -- Force Mature/Unavoidable Delay
Neither the Landlord nor the Tenant shall be liable to the other for any delay in
the achievement of any deadline required under this Lease or for any failure to perform
any obligations under this Lease document due to causes which are beyond their
reasonable control and of a nature which neither has the authority or power to remedy,
including, without limitation, acts of God, acts of other party, acts of civil or military
authority including governmental priorities, strikes or other labor disturbances, fires,
18
floods, epidemics, wars and riots, delays in transportation or unavailability of materials
or supplies from ordinary sources. In the event of such an occurrence, the parley
claiming relief thereon shall give prompt written notice thereof to the other party and any
time for performance of an obligation shall be extended by time squat to the length of
any delay attributable to such occurrence.
Article 32 -Binding Effect
The provisions of this Sublease shall extend to and be binding upon the parties
hereto and their respective heirs, personal representatives, successors, and assigns,
except that this provision shall not be construed as a consent by Landlord to any
subletting or assigning by Tenant. All liability for the Tenant for the payment of rents or
any other obligation shall survive the expiration or sooner termination of this Sublease
to the extent spec~cally provided for in this Sublease.
Article 33 -Entire Agreement
This Sublease and any addenda or other documents hereto attached represent
the entire agreement between the parties on the subject contained herein, and there are
no other agreements, expressed or implied, oral or written, except as herein set forth.
This Sublease may not be amended, altered, or changed except in writing and signed
by both of the parties hereto. This Sublease shall be interpreted under the laws of the
Commonwealth of Pennsylvania.
Article 34 -- Time of the Essence
Time is of the essence to each provision, obligation and undertaking of this
Sublease and is agreed upon and understood by the parties.
Articl 35 -- Co er arts
This Sublease may be executed in any number of courrterparts and by different
parties hereto on separate counterparts, each of which, when so executed and
delivered, shall be an original, but all such counterparts shall together
constitute one and the same instrument.
Article 36 -Limitation of Liability
The temt "Landlord" as used in this Sublease, as far as the covenants and
agreements of Landlord in this Sublease are concerned, shall be construed to mean
only the holder or holders of Landlord's interest in the Demised Premises at the time in
question. In the event of any transfer or transfers of Landlord's interest, other than a
transfer for security prior to foreclosure thereof, if Tenant receives an executed
assignment instrument wherein the assignee of the Landlord assumes and agrees to
perform all of the liabilities and covenants of the Landlord hereunder, then Landlord
herein named (and in case of any subsequent transfer, the then transferor) shall be
automatically freed and relieved, as to occurrences after the date of such transfer, from
19
all duties and obligations relating to the performance of any covenants or agreements
on the part of Landlord to be performed or observed after such transfer. Any funds in
which Tenant has an interest and which are in the hands of such Landlord at the time of
such transfer shall be turned over. to the transferee, and any amount then due and
payable to Tenant shall be paid to Tenant by the then transferor. It is the intent of this
Article 35 that the provisions of this Sublease shall be binding upon Landlord, its
successors and assigns only during and in respect of their respective successive
periods of ownership. In any event, and notwithstanding any other provision of this
Sublease, neither Landlord (including any successor Landlord) nor any officer, director,
agent, member, manager, partner; trustee, beneficiary, or employee thereof shall be
liable in an individual or personal capacity for the performance or nonperformance of
any agreement, covenant, or obligation of Landlord contained in this Sublease, and
Landlord's liability shall be limited to the value of the Demised Premises in its then
current condition after the last necessary repair and excluding the effects of any
casualty.
Article 37 -Security Deposit
A security deposit given to Landlord from Tenant in connection with this
Sublease, is to be held by Landlord as security for the payment of rent, Additional Rent,
and other amounts due and the performance of Tenant's other obligations under this
Sublease. If Tenant defaults in the payment of rent, Additional Rent, or any other
amount due, or in the performance or observance of any obligation on its part under this
Sublease, Landlord may apply the deposit to payment of rent' in default or other monies
in arrears and/or to the damages and costs incurred by Landlord as a result of any
default or cost incurred by Landlord in rectifying such defaulfi.
Article 38 -Landlord's Waiver of Liens
Landlord waives any and all common law and statutory liens in and to any of
Tenant's personal property, equipment and inventory in the Demised Premises.
Landlord specifically preserves and asserts any and all common law and statutory liens
it may have in and to any and all of Tenant's trade fixtures and fixtures in the Demised
Premises. Notwithstanding the foregoing, nothing in this Article shall prevent Landlord
from exercising any and all rights it has under this Sublease and Pennsylvania law upon
the default of Tenant and obtaining and enforcing such liens as are provided for under
Pennsylvania law.
20
IN WITNESS WHEREOF, and INTENDING TO BE LEGALLY BOUND, the
parties hereto have executed this Sublease on the day and year first above written.
WITNESS/ATTEST:
The DANET Group, Ltd.
WITNESS/ATTEST:
LANDLORD:
B~
TENANT:
Coliseum
~~
By:
Group, Inc.
~_
VERIFICATION
I, Janet R. Young, General Partner of The DANET Group, Ltd., Plaintiff in the
foregoing Complaint in Confession of Judgment for Possession, have read the
foregoing Complaint and hereby affirm and verify that it is true and correct to the best of
my personal knowledge, information and belief. I verify that all of the statements made
in the foregoing are true and correct and that false statements made therein may
subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to
authorities.
Date:
Ja .Young
4
JANET R. YOUNG and
DAVID L. YOUNG, d/b/a
THE DANET GROUP, LTD.,
Plaintiff
v.
COLISEUM ENTERTAINMENT
GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
IN CONFESSION OF JUDGMENT
CERTIFICATE OF RESIDENCE
I hereby certify that the address of the Plaintiff in the within proceeding is:
The DANET Group, Ltd.
282 Lowther Street, Suite 104
Lemoyne, PA 17043
I hereby certify that the address of the Defendant in the within proceeding is:
Coliseum Entertainment Group, Inc.
410 St. John's Church Road
Camp Hill, PA 17011
and
Coliseum Entertainment Group, Inc.
415 St. John's Church Road, Suites 204 and 205
Camp Hill, PA 17011
Date: $'~1Z~0~
WIX, WENGE,f~'/~ WE(~NER
By:
Jeff ~. rk, I.D. # 89277
50 rt S cond Street
P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorneys for DANET
5
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JANET R. YOUNG and
DAVID L. YOUNG, d/b/a
THE DANET GROUP, LTD.,
Plaintiff
v.
COLISEUM ENTERTAINMENT
GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
NO. D~- ~~51 (~tleI~ ~~
IN CONFESSION OF JUDGMENT
NOTICE OF ENTRY OF JUDGMENT BY CONFESSION FOR POSSESSION
TO: Coliseum Entertainment Group, Inc., 415 St. John's Church Road, Suites 204
and 205, Camp Hill, PA 17011
and
Coliseum Entertainment Group, Inc., 410 St. John's Church Road, Camp Hill, PA
17011.
NOTICE IS HEREBY GIVEN that judgment in ejectment by confession for
possession was entered against you in the above-captioned case on r /Z ,
2008, for the premises located at 415 St. John's Church Road, Suites 204 and 205,
Camp Hill, PA 17011.
Pro onota mberla d County