Tenant to be
parked in any designated fire safety areas or no parking zones.
This provisions
does not imply a reservation of any particular space in the parking area, nor
does it imply an obligation on the part of the Landlord to police the
utilization of spaces and Landlord shall have no liability to Tenant, if by
reason of utilization of parking spaces by others the parking areas are not at
any particular time available to Tenant, its employees or invitees.
14.
TERMINATION OF PRIOR LEASE
14.1.
TERMINATION.
THE PARTIES HERETO AGREE THAT UPON THE COMMENCEMENT
DATE OF THIS LEASE, AS DETERMINED IN PARAGRAPH 1.3 HERETO, THE PRIOR LEASE SHALL
TERMINATE ON THE COMMENCEMENT DATE (THE "TERMINATION DATE"), PROVIDED THAT THE
FOLLOWING EVENTS SHALL HAVE OCCURRED:
(I) THE COMMENCEMENT DATE UNDER THIS
LEASE SHALL HAVE OCCURRED; (II) TENANT SHALL
20
HAVE COMPLETELY VACATED THE PREMISES COVERED BY THE PRIOR LEASE (THE "EXISTING
PREMISES") AND LEFT THE EXISTING PREMISES CLEAN AND NEAT AND IN THE SAME
CONDITION, ORDER AND REPAIR AS THE EXISTING PREMISES IS REQUIRED TO BE
SURRENDERED UNDER THE PRIOR LEASE; (III) TENANT HAS ENTERED INTO POSSESSION AND
OCCUPANCY OF THE DEMISED PREMISES UNDER THE TERMS AND CONDITIONS OF THIS LEASE;
(IV) THERE SHALL EXIST NO DEFAULT BY TENANT WITH RESPECT TO EITHER THE PRIOR
LEASE OR THIS LEASE.
IN NO EVENT SHALL THE FOREGOING TERMINATION BE DEEMED TO
BE A RELEASE OF ANY OF THE TENANT'S OBLIGATIONS AS TENANT WITH RESPECT TO THE
EXISTING PREMISES UNDER THE PRIOR LEASE FOR OBLIGATIONS THAT SHALL HAVE ACCRUED
UP TO AND INCLUDING THE TERMINATION DATE, OR WHICH SHALL SURVIVE THE TERMINATION
OF THE PRIOR LEASE BY ITS EXPRESS TERMS.
15.
SPECIAL STIPULATIONS
15.1.
SPECIAL STIPULATIONS.
THE SPECIAL STIPULATIONS, IF ANY, SHALL
HEREBY BE INCORPORATED HEREIN AND MADE A PART HEREOF AS EXHIBIT "B," AND IN THE
EVENT THEY CONFLICT WITH ANY OF THE FOREGOING PROVISIONS, THE SPECIAL
STIPULATIONS SHALL CONTROL.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
caused the Lease to be duly executed and sealed the day and year first above
written.
LANDLORD:
LA/GA BUSINESS CENTERS, INC.
BY:
/s/ Mark B. Greco
Name: Mark G. Greco
Title:
Vice President
TENANT:
MEDQUIST TRANSCRIPTIONS, LTD.,
a corporation organized and existing under the
laws of New Jersey
By:
/s/ John M. Suender
/s/ Dawn Parent
(attest)
Name: John M. Suender
Title:
Senior Vice President
(seal)
Billing Address:
MedQuist Transcriptions, Ltd.
Five Greentree Centre, Suite 311
Marlton, NJ 08053
Attn: General Counsel
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EXHIBIT "A"
1395 South Marietta Parkway
Building 600, Suite 606/608
Marietta, Georgia 30067
[INSERT FLOOR PLAN]
EXHIBIT "A1"
1395 South Marietta Parkway
Building 600, Suite 602
Marietta, Georgia 30067
[INSERT FLOOR PLAN]
EXHIBIT "B"
SPECIAL STIPULATIONS
These Special Stipulations are made and entered into contemporaneously with a
Lease dated the
day of
, 2002, between LA/GA BUSINESS
CENTERS, INC., as Landlord and MEDQUIST TRANSCRIPTIONS LTD., as Tenant.
In the case of any conflict between these Special Stipulations and the Lease,
these