HomeMy WebLinkAbout1167 (i . 'l'hc~ L~~rms a f t li i~; Ay:rr~'m~'nt sluil. t l~c~ h i n~i i~i};
upo~t ~inci inure to Chr bc~n~fit of ~tncl br C'11fO1Cl'~1b~~~ by l-lw
resprctive ;:uccessors and assi~;i~s of thc ~arri~s h~rel:o.
7. No modi£ication, amendment, waiver or release
of any provision of Chis AgreemenC or of any right, obliga- '
tion, claim or cause of action arising hc~reunder, sha11 be
valid or binding for any purpose whatsoev~r, unless in writ-
ing and duly executed by the party against whom Che same is
sought to be asserted.
8. Nothing herein contained shall be deemed to
modify any of the provisions of the Mortgage Deed or the ob-
ligations secured thereby.
9. Notwithstanding anything contained in Paragraph
4 to the contrary, Tenant sha.ll, prior to exercising any right
to terminate the Lease, if any, give the Fund written notice
of any default by the Landlord under the Lease, and the Fund
2
shall have the opportunity, but not the obligation~, to cure
;
any such default within thirty days of receipt of such written
notice or such additional time as may be reasonably required
~ where such default is of a nature that it cannot reasonably
(
~ be cured within said thirty day period, provided, however, the
i
~ Fund shall diligenCly commence and prosecute the curing of said
€
default.
~ 10. This Agreement shall become effective upon the
purchase by the Fund of the Mortgage Deed and otherwise to
have no force and effect.
~ IN WITNESS WHEREOF, the parties have caused this
~ ~
~ instrument to be executed the day and year first above written.
~ ,
~
~ WINN-DIXIE STORES, INC. _
- ?
~ , . u~:
~ • '
~ _
~ Corporate; Seal ` ~ ~ Y .
~ ~ ' BY ' . .
~ FxE . U~CE ~ i,,_ .
~ - . J, ~Gas :c:~",'-: F
~ ~ LITEIb FUND EQUITIES , INC f `
~ ~ ~
v J
~ ~ Co~Qrate Seal . `
' ~ g ( ~i~~----- ~z~
;
r~ ' Y-- T
, = _ , . ? :
,
. J 0 R
~
j"+ ~'~~sh' . BOOK 238 PAGE~1~ ~
-4-
~'i'~x ~~:3- .z».~,~•~ ~ _ _ ~
~~,-~r.~e*~~~~~-
_ _ - _ .