HINDERED IN OR PREVENTED FROM THE
PERFORMANCE OF ANY ACT REQUIRED UNDER THIS LEASE BY REASON OF MATERIALLY ADVERSE
WEATHER CONDITIONS (DEFINED AS A CATASTROPHIC EVENT AND/OR SUCH SEVERE ADVERSE
WEATHER AS NOT REASONABLY FORESEEABLE TO THE PERFORMING PARTY), STRIKES,
LOCKOUTS, LABOR TROUBLES, FAILURE OF POWER, RESTRICTIVE GOVERNMENTAL LAWS OR
REGULATIONS, RIOTS, INSURRECTIONS, ACTS OF WAR, OR OTHER REASONS OF A LIKE
NATURE NOT THE FAULT OF THE PARTY DELAYED IN PERFORMING WORKS OR DOING ACTS
REQUIRED UNDER THE TERMS OF THIS LEASE, THEN PERFORMANCE OF SUCH ACT SHALL BE
EXTENDED FOR A PERIOD EQUIVALENT TO THE PERIOD OF SUCH DELAY, EXCEPT AS
OTHERWISE SPECIFICALLY PROVIDED HEREIN TO THE CONTRARY.
THE PROVISIONS OF THIS
SECTION SHALL NOT (A) BE APPLICABLE TO DELAYS RESULTING FROM THE INABILITY OF A
PARTY TO OBTAIN FINANCING OR TO PROCEED WITH ITS OBLIGATIONS UNDER THIS LEASE
BECAUSE OF A LACK OF FUNDS; (B) DELAY OR POSTPONE ANY OF THE RIGHTS SPECIFICALLY
GRANTED TO TENANT TO TERMINATE THIS LEASE; OR (C) BE APPLICABLE TO EITHER
PARTY'S PERFORMANCE OF ITS RESPECTIVE FINANCIAL OBLIGATION PURSUANT TO THE TERMS
OF THE LEASE.
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease on the day
and year first above set forth.
WESTLAND PARK, LLC
POORE BROTHERS, INC.
By:
By:
Robert W. Troxel
Title:
Title: Manager
"Landlord"
"Tenant"
18
EXHIBIT A
Depiction of Demised Premises
(See site plan and Architect's drawings dated May 12, 2003, as prepared by WKM &
Associates
and the attached building specifications)