SET FORTH
ON THE SIGNATURE PAGE HERETO OR TO SUCH OTHER PERSON OR AT SUCH OTHER PLACES AS
LESSOR MAY DESIGNATE IN WRITING.
4.
INCORPORATION BY REFERENCE.
4.1
EXCEPT AS SET FORTH IN SECTION 4.2 HEREOF, ALL OF THE PROVISIONS
OF THAT CERTAIN STANDARD INDUSTRIAL LEASE - NET, DATED AS OF DECEMBER 22, 1989
BETWEEN THE CHANNELL FAMILY TRUST (AS SUCCESSOR-IN-INTEREST TO WILLIAM H.
CHANNELL, SR.) AND LESSEE, TOGETHER WITH THE ADDENDA THERETO AND ALL AMENDMENTS
THERETO, A COPY OF WHICH IS ATTACHED AS EXHIBIT B HERETO (COLLECTIVELY, THE
"YNEZ ROAD LEASE"), ARE HEREBY INCORPORATED BY REFERENCE AS IF SET FORTH IN FULL
HEREIN, WITH REFERENCES TO THE "LESSOR" THEREUNDER BEING REFERENCES TO THE
"LESSOR" HEREUNDER,
REFERENCES TO THE "LESSEE" THEREUNDER BEING REFERENCES TO
THE "LESSEE" HEREUNDER AND REFERENCES TO THE "PREMISES" THEREUNDER BEING
REFERENCES TO THE "PREMISES" HEREUNDER.
NOTWITHSTANDING THE FOREGOING, THE
AMOUNT SET FORTH IN THE FIRST SENTENCE OF SECTION 8.3(A) OF THE YNEZ ROAD LEASE
SHALL, FOR PURPOSES HEREOF, BE EQUAL TO $1,000,000.
4.2
THE FOLLOWING PROVISIONS OF THE YNEZ ROAD LEASE ARE NOT
INCORPORATED HEREIN BY REFERENCE: (A) SECTIONS 1, 2, 3.1, 4, 5 AND 47; AND (B)
THE THIRD AMENDMENT THERETO DATED AS OF JUNE 1, 2005.
4.3
IN THE EVENT THAT THERE IS ANY INCONSISTENCY BETWEEN THE
PROVISIONS OF SECTION 1, 2 OR 3 HEREOF AND THE PROVISIONS OF THE YNEZ ROAD
LEASE, THE PROVISIONS OF SECTIONS 1, 2 AND/OR 3 HEREOF SHALL GOVERN.
5.
COUNTERPARTS.
THIS LEASE MAY BE EXECUTED IN TWO OR MORE
COUNTERPARTS, EACH OF WHICH SHALL BE AN ORIGINAL, BUT ALL OF WHICH SHALL
CONSTITUTE ONE AND THE SAME DOCUMENT.
[BALANCE OF PAGE INTENTIONALLY BLANK]
2
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE DULY EXECUTED THIS
LEASE AS OF THE DAY AND YEAR FIRST SET FORTH ABOVE.
TENANT
CHANNELL COMMERCIAL
CORPORATION
By:
/s/ Patrick E. McCready
Name:
Patrick E. McCready
Title:
Chief Financial Officer
Address: 26040 Ynez Road
Temecula, California 92591
LANDLORD
William H. Channell, Jr.
/s/ William H. Channell, Jr.
Carolyn Channell
/s/ Carolyn Channell
Address:
3
Exhibit A
Premises
Lot 50 of Tract No. 29639-2, recorded in Book 345, Pages 1 to 19, inclusive, of
Maps, in the Riverside County Recorder's Office
4
Exhibit B
Ynez Road Lease
5