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HomeMy WebLinkAbout08-4852 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 • 1.6C~~r~ . NO. Q$ -~S SZ v ~ l IN CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT FOR MONEY DAMAGES Pursuant to the authority contained in the warrant of attorney on page 13 of the Sublease, the original or 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 favor of Plaintiff, Janet R. Young and David L. Young, d/b/a The DANET Group, Ltd., and against Defendant, as follows: Unpaid Rents: April 1, 2008, through July 1, 2008 $ 12,650.01 Rent for the unexpired balance of the term $177,283.35 2008/2009 Taxes: $ 3,503.79 Interest at 9%: May 14, 2008, through July 22, 2008 $ 302.80 Costs and expenses $ 1,191.00 Attorneys' Commission (10%) $ 19,374.80 BALANCE DUE FROM DEFENDANTS $214L304.95 plus additional costs and interest Date: ~f/ 12/p Respectfully Submitted, WIX, WENGER & WEIDNER Jeffr . irk, I.D. # 89277 508 h Second Street P.O. ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for DANET By: F:\daw\9756 -YOUNG, DAVID AND JANEll10217 -THE DANET GROUP, LTD1v Coliseum Entertainment Group, 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. os- ~gs~ C~~~L`Tee..1 IN CONFESSION OF JUDGMENT 4 COMPLAINT IN CONFESSION OF JUDGMENT FOR MONEY DAMAGES 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, stating as follows: 1 2 3 4 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 ejectment 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. The Sublease entitles DANET to interest at the rate of nine (9%) percent per 2 annum. 16. Pursuant to the Sublease, DANET is entitled to an attorney's commission of ten percent of the amount due. 17. Pursuant to the Sublease, DANET is entitled to recover the costs and expenses of collection, including reasonable attorneys' fees. 18. Pursuant to Article 22 of the Sublease, DANET is entitled to the rent for the entire unexpired balance of the term of the Sublease, which amount is $177,283.35. 19. On information and belief, Coliseum has an annual income in excess of $10,000.00. 20. As a consequence of the foregoing, Coliseum is in default under the Sublease and is liable to DANET for the following amounts: Unpaid Rents: April 1, 2008, through July 1, 2008 $ 12,650.01 Rent for the unexpired balance of the term $177,283.35 2008/2009 Taxes: $ 3,503.79 Interest at 9%: May 14, 2008, through July 22, 2008 $ 302.80 Costs and expenses $ 1,191.00 Attorneys' Commission (10%) $ 19,374.80 BALANCE DUE FROM DEFENDANTS $214.304.95 plus additional costs and interest 21. A Compliant in Confession of Judgment containing two Counts, one for money and one for possession, was filed on August 8, 2008. Judgment was entered for Plaintiffs on August 8, 2008, (a conformed copy is attached hereto as Exhibit "B"), but subsequently the Prothonotary voided both the judgment and the docket 3 number on its own initiative, which action the Plaintiffs believe was not proper. Plaintiff, therefore, files this Complaint without prejudice to the original August 8, 2008, filing date. WHEREFORE, DANET demands judgment against Coliseum in the amount of $214,304.95 authorized in the warrant appearing in the attached Sublease, together with costs, interest at the rate of 9% from July 22, 2008, until payment in full by Coliseum, and such other relief as this Court deems just and appropriate. WIX, WEN~R $~WEIDNER Date: ~/IZ/c~¢ By: Clark, I.D. # 89277 Second Street P:O. 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, Inc\Complaint - Confession of Money Judgment.doc 4 EXHIBIT "A" SUBLEASE THIS SUBLEASE ("Sublease"), is made this 2~ day of N ve , 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"). Recitals; 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 "Property"). 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 4400 square feet, more or less, located in the Building 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, subject 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 wi#h its condition and will accept the same "as is" and in its present condition. Particle 2 -~ U and O station 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 approvalnof Landlord,nwhich prohibited by any then apple approval shall not be unreasonably withheld. Article 3--Term of Sublease Term of Lease . „The term "Term of this Lease" (sometimes herein called the Term or Lease Term extens on renewal for ho doverllof the Sublease Terym whichhs Sublease Term and any , 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 for Tenant, buff 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 Gommencement 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 Date 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 shalt 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 fvr 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 01/01/07-12/31/07 $A~6,200.00 $3,850.00 01 /01 /08-12131 /OS $50,600.00 $4, 216.67 01/01/09-12/31/09 $50,600.00 $A~,216.67 01 /01 /1012/31 /10 $52,800.00 $4,400.00 01/01/11-12/31/11 $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 ($7,700.00). Article 5 -- Addi tonal Re t 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 Subiease, 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 termination 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 Landlord, together with interest thereon, or whenever Tenant shall fail to pay any sum when due, such sum shalt 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. 3 Arti e 7 - Initi I Cons ruction an Subse u t Iterations Landlord Alterations. Notwithstanding anykhing set forth in this Sublease to the contrary, Landlord reserves the right any time either before, during or after the initial construction thereof, one or more times, for itself and any owner or owners of the Building, to: Build additional building(s), parking facilities and otfier improvements and to change the location or character of or reconfigure all building(s), improvements and parking facilities. 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 ar change signs to the building(s) and/or facilities surrounding the building(s). 6. Make changes required by state, federal or local authorities. 7. Make changes which upgrade or enhance the appearance of the building(s) or other improvements. Tenant Alter 'ons. Tenant shall not make any alteration, addition, 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, ~ permitted, shall be at the sole cost and expense of Tenant. At the end of the term of this Sublease, if requested by Landlord, Tenant shall, at its cost, remove alt 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 defaulted in the performance of 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 notice, 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. If Tenant does not exercise its renewal option~ate that Tenant wiltlbe arcating the Premises. (6) month's in advance of the Expiration D Arti le 9 -- Taxes a d Asse ents Landlord's es o sibili~ Subject to reimbursement as hereinafter provided, Landlord shall be responsible for the payment 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 well 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 resu~ing 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 lawfully 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 Addit onal Rent/Pro Rata Share Defier mod. 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 multiplying the total amoun# of such obligation by fraction, the numerator of which shall be the square footage of the Demised Premises and the denominator of which shall 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 shell 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 -Building Operating 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, atl 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 5 `~ Costs shall specifically include, but are not limited to: management fees, insurance premiums for Landlord's various insurance coverages, costs 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 5t. 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~cvnditioning systems depreciation expenses related to the Building and all components thereof. The term "Building Operating Costs shall not include the following, 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. ` Tenant's Pro Rata Share of Building Operating Costs. puring 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. Place and Manner of Payment of Tenant's Pro Rata Shade of Building Operating 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 for telephone services, gas, electricity, fuel, oil, water, sewer and similar utilities, as they become due, consumed an or applicable to the Demised Premises. Article 12 -Damage by Fire or Other Casualty Notice. Tenant shall give immediate written notice to Landlord of any damage caused to the Demised Premises by fire or other casualty. Partial Damage. In the event that during the term hereof the Demised Premises 6 shall be partially damage (as distinguished from "pals dnslhlall, not later"thanhs xty 60) hereinafter defined) by fire or other casualty, La days after the date of such fire or other casualty, proceed to commence repair of such damage and restore the Demised Premises t d n b ~deisl hen n existenceth La dlord such damage subject to zornng laws and bull g shall complete such repairs subj #rol t Tenantagrees that, promptly aft o omelet on of beyond Landlord's reasonable con such work by Landlord, it will proceed with reasonable diligence at its sole cost and expense to restore its fixtures, equipment and improvements and re-inventory the Demised Premises for reopening. This Sublon se shall continue in full force and effect during any such period of repair and restorat Su~ti I Da e. In the event thdamar'ed otredes oy d by fire ore other Premises or Building shall be substantially g 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. if Landlord fails to timely give such notice of its election to terminate, this Sublease shall, except as hereinafter provided remain in full force and effect, and Landlord shall, not later than sixty (60) days after the date of such fire or other casualty, proceed to commence repair or rebuildsuch f ortionDs there f as Landlord if the damage relates to other portions of the Building, p 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 restore pursuant to the above paragraph. This Sublease shall continue in full force and effect during any such period of repair and restoration. A ement. 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 Substantial Damage. The term "substantial damages shall mean forty (40%) percent or more of damage to the Demised Premises. Article 13 -~ Liability Insurance and Indemnification 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 7 ($1,000,000.00) Dollars with respe ollards arisin r out of anlynone (1) occurrence) person, and Three Million ($3,000,000.00) D g All insurance policies required to be maintained by Tenant under this Sublease shall protect both Landlord, Landlord's Lessor, Landlord's mortgagees, if any, and 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 of all such policies and shall also permit Landlorsd ail contain anhagreemen pby the insurer policy and certificate evidencing the same h 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 Ions or damage to property or for injury to or death of ariy person while in, upon, about or traveling from the Property. Article 14 -Assignment, Subletting and Additional Tenants Tenant may not, 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, ar 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 that 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. A cle 15 -- andlord' Ri to ure Tenon '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 shalt have a reasonable period of time in which to cure), Landlord may cure such defaults, on behalf of and at the reasonable expense of Tenant, and shall 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 shell agree to pay Landlord any amount due Landlord together with interest due thereon. All sums to be charged by Landlord hereunder shall be indebtedness of Tenant to Landlord and shall become immediately due and payable to Landlord, Article 16 -- Re air and Maintenance La lord. 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 time 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 not 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 unfit the end of the Sublease Term that it 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 ar 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. 9 Landlord shall acquire end maintain a service contract for the repair and maintenance of the heating, ventilation and air conditioning systems. Landlord shall 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 resulting 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 installrovid n t of battery powers shall be the re plops bility oa maintenance of same, includ 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 for any loss 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 responsibilifiy as set forth in this Sublease within thirty (30) days or commence to 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/or 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 not permit any mechanic's or other lien or claim for lien or notice in respect thereto to be filed against the Property or the Building or any fixtures, equipment or furnishings contained therein. If any such lien or claim is made or filed, Tenant shalt, 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 10 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/oTenant shallns rpendert all keys ~foStheeDem sed Landlord's consent. At such time, Premises to Landlord at the place then fixed for payment of rent. A icle 19 ~- rite or Nuisa c 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 act which may disturb any people or businesses in the area of the Demised Premises. Article 20 -- Governmental Re ula ions 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. A icle 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 liabilit~r. Article 22 ~- Default by Tenant and Landlord's Remedies Events o ~ Default. The following shall be considered Events of Default: (1) Failure ofi 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 arrangement 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. ~ andlord's Remedies. Upon the occurrence of an Event of Default 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, ei#her terminate this Sublease or~ make such .alterations and repairs as may be necessary in order to relet and>for 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 deficiency fio 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 and/or 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 whatsoever 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 taw, 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, 1NCl.UDING, WITHOUT LIMITATION, OTHER SUMS PAID BY LANDLORD ON BEHALF OF TENANT, PURSUANT TO THE TERMS OF THE SUBLEASE, AND ALL INTEREST THEREON, TOGETHER WITH COSTS OF SUIT, ATTORNEY'S COAIIMISSION OF TEN (1090) 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 AC3AINST TENANT IN FAVOR OF LANDLORD FOR SUCH POSSESSION, WHEREUPON A WRIT MAY FORTHWITH ISSUE FOR THE IMIWEDIATE 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. (fi) 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 to Landlord all reasonable expenses incurred therefor, including reasonable attorney's fees. Article 23 -- Subordination (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 part thereof of which the Demised Premises constitute a part whether placed thereon prior to, contemporaneously with or after this Sublease is executed by the parfiies; 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 bond secured thereby, or otherwise, this Sublease shall continue in effect and shall not be terminated by any of said proceedings, (2) In 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 benefit 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 Statement. 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 24 -- Eminent 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 tide 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 party 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 - Ha ardous Materi Is 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 law#ully 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 indemnify, 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 Properly or the soil, water, v®getation, buildings, personal property, persons or animals thereon; (ii) any personal injury (including wrongful death) or properly 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 Property; (iii) any lawsuit brought or threatened, settlement reached or govemmental 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 Premises 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 19$0, ~ as amended (A~2 U.S.C. § 9601, et. seg.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. a 6901, ~. sgg.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et. sew.), 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 govemmental 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 Hazardous 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 responsibility pursuant to the immedia#ely 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 wes previously used as vacant newly constructed space and Tenant is conducting its own due diligence with regard to environmental matters. Landlord shall nat 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 lawfully be used in the ordinary course of business in the Building and on the Property 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 Parley"} shall indemnify and save the other party ("Indemnified Party") harmless from any and all damages, costs and losses suffered by Indemnified Parry, 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 yr 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 -- Holding Over Any holdover after the expiration 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 penally 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 other rights or r®medies of Landlord a# law or 17 equity under this Sublease. Article 2y --Waiver No delay or omission in the exercise of any right or remedy of eikher party on any default by the other party or otherwise shall impair such right or remedy or be construed as a waiver. The r®caipt 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 not be a waiver of any other default concerning the same or any other provision of this Sublease. Article 28 -- Notices 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 fast written above. b. Such address may be changed by either party by notice delivered as above provided to the other party. Article 29 --Captions 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 to be unenforceable by any court of competent jurisdiction, the Sublease shall be construed as though such section or provision had not 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 it 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 pertorm 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, ants of God, acts of other party, acts of civil or military authority including governmental priorities, strikes or other labor disturUances, 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 party 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 equal to the length of any delay attributable to such occurrence. Article 32 -- Bindino 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 -Enure 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. Arti 135 --Counter arts This Sublease may be executed in any number of counterparts 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 term "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 4duttes 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, Addfional 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 pert 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 incurned by Landlord in rectifying such default. Ar ire 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 taw 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. 2a 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: LANDLORD: The DANET Group, Ltd. WITNESS/ATTEST: By: TENANT: Coliseum Entei By: / President Group, Inc. 21 EXHIBIT "B" 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 NO. 08- y7(o5 l.~iv~lTP.1'M COLISEUM ENTERTAINMENT GROUP, INC., Defendant IN CONFESSION OF JUDGMENT NOTICE OF ENTRY OF JUDGMENT BY CONFESSION TO: Defendant, Coliseum Entertainment Group, Inc., 410 St. John's Church Road, Camp Hill, PA 17011. NOTICE IS HEREBY GIVEN that judgment by confession was entered against you on ~~, 2008, in the amount of $214,304.95 in the above-captioned case, plus costs and interest at the rate set forth in the Sublease from July 22, 2008. s ~~ A rothonotary of Cumberl nd County 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 c~ N0. 08 - 47(05 C.iv~ ! 7erw.~,~, ~rr~ ~ ~_ ~ r- cn ~- -~.~;. c IN CONFESSION OF JUDGMENT= .~ CONFESSION OF JUDGMENT A. r ss 0 ~~ ~~' ~~ Pursuant to the authority contained in the warrant of attorney, the original or 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 favor of Plaintiff, Janet R. Young and David L. Young, d/b/a The DANET Group, Ltd., and against Defendant, as follows: Unpaid Rents: April 1, 2008, through July 1, 2008 $ 12,650.01 Rent for the unexpired balance of the term $177,283.35 2008/2009 Taxes: $ 3,503.79 Interest at 9%: May 14, 2008, through July 22, 2008 $ 302.80 Costs and expenses $ 1,191.00 Attorneys' Commission (10%) $ 19,374.80 BALANCE DUE FROM DEFENDANTS $214,304.95 plus additional costs and interest Respectfully Submitted, Date: ~],/ j ~/cog WIX, WENGER & WFIDNER Jeff .I (~I rk, I.D. # 89277 508 rth S cond Street P.O. ox 5 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for DANET By: F:1daw\9756 -YOUNG, DAVID AND JANET110217 -THE DANET GROUP, LTD\v Coliseum Entertainment Group, Inc\Notices and Confessions.doc 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 IN CONFESSION OF JUDGMENT NOTICE OF ENTRY OF JUDGMENT BY CONFESSION FOR POSSESSION TO: Defendant, 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 ~~ _, 2008, for the premises located at 415 St. John's Church Road, Suites 204 and 205, Camp Hill, PA 17011, together with judgment in the amount of $214,304.95, plus costs and interest at the rate set forth in the Sublease from July 22, 2008. r thonotary of Cumber) d County 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. ~8 - ~7l05 ~~ it Term. c cF' • ~ ~~; ~~,. IN CONFESSION OF JUDGMEN c_ CONFESSION OF JUDGMENT FOR POSSESSION ~ 0 ~,. 0 ~~ rj ~~ ~~ K Pursuant to the authority contained in the warrant of attorney, 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, WENp~R DNER Date: ~~ ~~/oS By: 1 Je i Irk, I.D. # 89277 50 ort cond Street P.O! I~ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for DANET VERIFICATION I, Janet R. Young, General Partner of The DANET Group, Ltd., Plaintiff in the foregoing Complaint in Confession of Judgment for Money Damages, 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: Jan oung 5 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: ~/IZ~Og WIX, WENGEI~ W~I~NER By: Jeffr . ~Cl~+rk, I.D. # 89277 508 h cond Street P. ox 845 Harrisburg, PA 17108-0845 (717) 234-4182 Attorneys for DANET 6 ~~ ~. -~a ~:-_, . b4 - :-: -ri,,. ~i --~ ~_ ~ ~ ~ t~ r~:?~ ~ _ ~` r ` 1~ .- ~`i ~ f..? i..J ...~ r ~ b V . ~~ ~ t`~ «.~ I - . ~ 1 ~.+..1 _~ "~ A /4y 1 } ` ^ h ~.. t 1 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 C/OLUNTY, PENNSYLVANIA N0. ~~ , Q~gs2 -GNU/C 7_~/~J IN CONFESSION OF JUDGMENT NOTICE OF ENTRY OF JUDGMENT BY CONFESSION 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 by confession was entered against you on S /Z , 2008, in the amount of $214,304.95 in the above-captioned case, plus costs and interest at the rate set forth in the Sublease from July 22, 2008. Prothonot umber and County