MAIL SERVICE,
POSTAGE PREPAID, RETURN RECEIPT REQUESTED OR DELIVERED BY HAND TO THE PARTY AT
THE ADDRESSES SET FORTH BELOW:
TENANT:
Gaiam, Inc.
Suite 300
360 Interlocken Boulevard
Broomfield, Colorado 80021
Attention:
President
32
LANDLORD:
Fund IX, Fund X, Fund XI and REIT Joint Venture
c/o Wells Capital, Inc.
6200 The Corners Parkway
Suite 250
Atlanta, Georgia
30092
Attention:
Vice President of Asset Management
with a copy to:
Troutman Sanders LLP
Bank of America Plaza
Suite 5200
600 Peachtree Street, N.E.
Atlanta, GA
30308-2216
Attention:
Leslie Fuller Secrest
and such notice shall be deemed to have been received by Landlord or Tenant, as
the case may be, on the earlier of actual receipt or the second business day
after the date on which it shall have been so mailed.
26.2
CHANGE OF ADDRESS. ANY PARTY MAY, BY NOTICE TO
THE OTHER, FROM TIME TO TIME, DESIGNATE ANOTHER ADDRESS, WHICH NOTICES MAILED
MORE THAN TEN (10) DAYS THEREAFTER SHALL BE ADDRESSED.
ARTICLE 27
SECURITY DEPOSIT
27.1
SECURITY DEPOSIT: LANDLORD AND TENANT MUTUALLY
ACKNOWLEDGE AND AGREE THAT LANDLORD IS HOLDING THE SUM OF THIRTY-FIVE THOUSAND
SEVEN HUNDRED SIXTY-THREE AND NO/100 DOLLARS ($35,763.00), WHICH SUM REPRESENTS
THE AMOUNT PREVIOUSLY DEPOSITED BY TENANT WITH LANDLORD AS A SECURITY DEPOSIT
UNDER THE FIRST RESTATED LEASE (THE "SECURITY DEPOSIT").
LANDLORD SHALL BE
ENTITLED TO INTERMINGLE SUCH DEPOSIT WITH ITS OWN FUNDS AND TO USE SAME FOR SUCH
PURPOSES AS LANDLORD MAY DETERMINE. IN THE EVENT OF DEFAULT BY TENANT IN
PERFORMING ANY OF ITS OBLIGATIONS UNDER THIS LEASE, LANDLORD MAY, IN ADDITION TO
ANY OTHER RIGHT OR REMEDY AVAILABLE TO LANDLORD HEREUNDER, USE, APPLY, OR RETAIN
ALL OR ANY PART OF SAID SECURITY DEPOSIT FOR THE PAYMENT OF ANY UNPAID RENT OR
FOR ANY OTHER AMOUNT WHICH LANDLORD MAY BE REQUIRED TO EXPEND BY REASON OF THE
DEFAULT OF TENANT, INCLUDING ANY DAMAGES OR DEFICIENCY IN THE RELETTING OF THE
PREMISES OR ANY ATTORNEY'S FEES ASSOCIATED THEREWITH, REGARDLESS OF WHETHER THE
ACCRUAL OF SUCH DAMAGES OR DEFICIENCY OCCURS BEFORE OR AFTER AN EVICTION. IF A
PORTION OF THE SECURITY DEPOSIT IS USED OR APPLIED BY LANDLORD DURING THE TERM
HEREOF, TENANT SHALL, UPON FIVE (5) DAYS WRITTEN DEMAND, DEPOSIT WITH LANDLORD
AN AMOUNT SUFFICIENT TO RESTORE THE SECURITY DEPOSIT TO ITS ORIGINAL AMOUNT
(I.E., $35,763.00).
LANDLORD SHALL RETURN THE SECURITY DEPOSIT (OR THAT PORTION
OF THE SECURITY DEPOSIT NOT PREVIOUSLY APPLIED) WITHIN THIRTY (30) DAYS AFTER
THE LATER OF EXPIRATION OF THE LEASE TERM OR SURRENDER BY TENANT OF THE PREMISES
WITHOUT DEFAULT.
33
ARTICLE 28
MISCELLANEOUS PROVISIONS
28.1
CAPTIONS. THE CAPTIONS USED HEREIN ARE FOR
CONVENIENCE ONLY AND DO NOT LIMIT OR AMPLIFY THE PROVISIONS HEREOF. WHENEVER THE
SINGULAR IS USED THE SAME SHALL INCLUDE THE PLURAL, AND WORDS OF ANY GENDER
SHALL INCLUDE THE OTHER GENDER.
28.2
WAIVER.
ONE OR MORE WAIVERS OF ANY COVENANT,
TERM OR CONDITION OF THIS LEASE BY EITHER PARTY SHOULD NOT BE CONSTRUED AS A
WAIVER OF A SUBSEQUENT BREACH OF THE SAME COVENANT, TERM OR CONDITION.