ITS SUCCESSOR AND ASSIGNS, SHALL NOT EVICT LESSEE OR DISTURB LESSEE'S POSSESSION
UNDER THIS LEASE, OR JOIN LESSEE AS A NAMED PARTY DEFENDANT IN ANY FORECLOSURE
PROCEEDING PURSUANT TO THE MORTGAGE (EXCEPT TO THE EXTENT REQUIRED BY LAW)
PROVIDED NO EVENT OF DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING UNDER THIS
LEASE, AND, IF REQUIRED BY SUCH MORTGAGEE, SHALL CONFIRM THE SUBORDINATION
PROVIDED FOR ABOVE.
A FORM OF AGREEMENT SHALL BE DEEMED ACCEPTABLE IF THE TERMS
AND PROVISIONS DO NOT CHANGE THE TERMS AND CONDITIONS OF THIS LEASE OR THE
LESSEE'S RIGHTS HEREUNDER, DO NOT AFFECT LESSEE'S USE AND OCCUPANCY OF THE
DEMISED PREMISES AND IMPROVEMENTS OR OTHERWISE MATERIALLY ADVERSELY AFFECT THE
RIGHTS OF LESSEE.
ARTICLE THIRTY-FOUR
POSSIBLE RELOCATION
SECTION 34.01.
LESSOR AND LESSEE HAVE HAD DISCUSSIONS CONCERNING THE
POSSIBLE RELOCATION OF THE LESSEE'S BUSINESS ACTIVITIES TO A SITE OTHER THAN THE
DEMISED PREMISES.
NO AGREEMENT WAS REACHED WITH RESPECT TO THIS ISSUE ALTHOUGH
LESSOR AND LESSEE MAY HAVE FUTURE
31
DISCUSSIONS RELATING THERETO.
NO AGREEMENT RELATING TO A POSSIBLE RELOCATION
SHALL BE BINDING ON LESSEE WITHOUT LESSEE'S PRIOR WRITTEN CONSENT.
[No further material on this page; the execution page follows immediately
hereafter]
32
IN WITNESS WHEREOF, Lessor and Lessee have signed, or have caused this
instrument to be signed, and delivered, as of the date first set forth above.
399 EXTERIOR STREET ASSOCIATES LLC
By:
/s/ Kenneth Cohen
Name: Kenneth Cohen
Title: Managing Member
AMBOY BUS CO., INC.
By:
/s/ Neil Abitabilo
Name: Neil Abitabilo
Title: Chief Financial Officer
33
SCHEDULE A
[Property Description]
A-1
SCHEDULE B
[Basic Rent Schedule]
Note:
Dates to be adjusted to reflect commencement of Demised Term.
B-1
SCHEDULE C
[Affiliates]
Atlantic Express Transportation Corp.
Atlantic-Hudson, Inc.
Atlantic Queens Bus Corp.
Metropolitan Escort Service, Inc.
Staten Island Bus, Inc.
C-1